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Full text of "North Carolina Register v.10 no. 11 (9/1/1995)"



/.7^7 




NORTH CAROLINA 

REGISTER 



VOLUME 10 • ISSUE 11 • Pages 889 - 980 
September 1, 1995 



IN THIS ISSUE 

Decision L^ter 

Tax Review Board 

Electrolyas Examiners, Board of 

Environment, Health, and Natural Resources 

General Contractors, Board of 

Insurance 

Justice 

Nursing, Board of 

Practicing Psychologists, Board of 

Professional Engineers and Land Surveyors, Board of 

Secretary of State 

RRC Objections 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Caroliiui Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed admimstrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published in 
the Register. The Register will typically comprise approximately 
lift)' pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The Xonh Carolina Register is available by yearly subscription 
at a cost of one hundred and rwent\- dollars ($120.00) for 24 
issues. Individual issues ma} be purchased for ten dollars 
(SIO.OO). 

Requests for subscription to the Xorth Carolina Register should 
be directed to the Office of Admimstrative Hearings, PO Drawer 
27447. Raleigh. NC 27611-7447. 

ADOPTION, .\MENDMENT, AND REPEAL OF RULES 

The following is a generalized statement of the procedures to be 
followed for an agenc) to adopt, amend, or repeal a rule. For the 
specific statutory authont} , please consult Article 2 A of Chapter 
150B of the General Statutes. 

An\ agency intending to adopt, amend, or repeal a rule must 
first pubhsh notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the pubUc 
hearing (or instructions on how a member of the public may 
request a hearing); a statement of procedure for public comments; 
the text of the proposed rule or the statement of subject matter; the 
reason for the proposed action; a reference to the statutory 
authonty for the action and die proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agenc)' may conduct the public 
hearmg and at least 30 days must elapse before the agenc\ can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form published as part of 
the pubhc notice, until the adopted version has been pubhshed in 
the North Carolina Register for an additional 30 da>' comment 
period. 

WTien final action is taken, the promulgating agency must file the 
rule with the Rules Review Commission (RRC). After approval 
h\ RRC. the adopted rule is filed with the Office of Admimstrative 
Heanngs (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed uith the Office of Adrmmstrative 
Hearings for publication in the North CaroUna Administrative 
Code (NCAC). 

Proposed action on rules ma\ be withdrawn b\' the promulgating 



agency at any time before final action is taken by the agency or 
before fiUng with OAH for pubhcation in the NCAC. 

TEMPORARY RULES 

Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH. the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporary rule pursuant to the provisions 
in G.S. 150B-21.1. If the Codifier determines that the findings 
meet the criteria in G.S. 150B-21.1, the rule is entered into the 
NCAC. If the Codifier determines that the findings do not meet 
the criteria, the rule is returned to the agency. The agency may 
supplement its findings and resubmit the temporary rule for an 
additional review or the agency may respond that it wiU remain 
with its initial position. The Codifier, thereafter, wiU enter the 
rule into the NCAC. A temporary rule becomes effective either 
when the Codifier of Rules enters the rule m the Code or on the 
sixth business day after the agency resubmits the rule without 
change. The temporaiy rule is m effect for the penod specified in 
the rule or 180 days, whichever is less. An agency adopting a 
temporary rule must begin rule-making procedures on the 
permanent rule at the same time the temporary rule is filed with 
the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 40 occupational hcensing boards. Compilation and 
publication of the NCAC is mandated by G.S. 1508-21.18. 

The Code is di\ided into Tides and Chapters. Each state agency 
IS assigned a separate title which is further broken down by 
chapters. Title 21 is designated for occupational hcensing boards. 
The NCAC is available in two formats. 

(1) Single pages may be obtained at a mimmum cost of 
two dollars and 50 cents ($2.50) for 10 pages or less, 
plus fifteen cents ($0.15) per each additional page. 
Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

(2) The full publication and supplement service is pnnted 
and distributed by Barclays Law Publishers. It is 
available in hardcopy, CD-ROM and diskette format. 
For subscription information, call 1-800-888-3600. 

CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited b>' volume, issue, page 
number and date. 10:01 NCR 1-67. April 3, 1995 refers to 
Volume 10, Issue 1, pages 1 through 67 of the North Carolina 
Register issued on Apnl 3, 1995. 



( 



( 



FOR INFOR.MATION CONTACT: Office of Admimstrative Heanngs. ATTN: 
NC 27611-7447. (919) 733-2678. FAX (919) 733-3462. 



Rules Di\ ision. PO Drawer 27447, Raleigh, 



1 



NORTH CAROLINA 



IN THIS ISSUE 




I 



Volume 1 O, Issue 1 1 
Pages 889 - 980 

September 1 , 1 995 



This issue contains documents officially filed 
through August 18, 1995. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, F*ublications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



I, IN ADDITION 

Voting Rights Act 889 

Tax Review Board 890-899 



II. PROPOSED RULES 

Environment, Health, and Natural Resources 

Environmental Management 901 - 904 

Wildlife Resources 904-905 

Insurance 
Actuarial Services Division . 900 

Justice 
Private Protective Services 900 - 901 

Licensing Boards 

Electrolysis Examiners, Board of 907 - 908 

General Contractors, Board of 906 - 907 

Nursing, Board of 908-929 

Practicing Psychologists, Board of 929 - 934 

Professional Engineers and Land 
Surveyors, Board of 934 - 941 

Secretary of State 
Securities Division 906 

III. RRC OBJECTIONS 942-946 

IV. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 947-959 

Text of Selected Decisions 

94 ABC 1754 960-964 

95 ABC 0518 960-964 

94 OSP 1821 965-969 

V. CUMULATIVE INDEX 971-980 



# 



NORTH CAROLINA REGISTER 

Publication Schedule 

(July 1995 - November 1995) 



Volume 
and 
Issue 

Number 


Issue 
Date 


I flst Day 
for FUmg 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 
Date for 
Public 
Hearing 
75 days 
from no- 
rice 


• End of 

Required 

Comment 

Period 

30 days 

from 

norice 


Last Day 

to Submat 

to RRC 


** Earliest 

Effective 

Date 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 


10:13 


10/02/95 


09/11/95 


09/18/95 


10/17/95 


11/01/95 


11/20/95 


01/01/96 


10:14 


10/16/95 


09/25/95 


10/02/95 


10/31/95 


11/15/95 


11/20/95 


01/01/96 


10:15 


11/01/95 


10/11/95 


10/18/95 


11/16/95 


12/01/95 


12/20/95 


02/01/96 


10:16 


11/15/95 


10/24/95 


10/31/95 


11/30/95 


12/15/95 


12/20/95 


02/01/96 



This table is published as a public service, and the computation of time periods are not to be deemed binding or controlling. 
Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date of any public 
hearing, whichever is longer. See G.S. 150B-21.2(f) for adoption procedures. 

** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule below, that the Rules 
Review Commission approves the rule at the next calendar month meeting after submission, and that RRC delivers the rule to the 
Codifier of Rules five (5) busmess days before the 1st day of the next calendar month. 



Revised 07/95 



IN ADDITION 



> 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



^ 



U.S. Department of Justice 

Civil Rights Division 

DLP:GS:FHD:emr Voting Section 

DJ 166-012-3 P.O. Box 66128 

95-1677 Washington, D.C. 20035-6128 

95-2232 

August 2, 1995 

Donald I. McRee, Jr., Esq. 

County Attorney 

P.O. Box 39 

Elizabeth City, North Carolina 27907-0039 

Dear Mr. McRee: 

This refers to the polling place change for Pasquotank County (Precinct 4-B) and the polling place change for the 
City of Elizabeth City in Camden and Pasquotank Counties, North Carolina, submitted to the Attorney General pursuant to 
Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submissions on June 8, 1995. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



I 



10:11 NORTH CAROLINA REGISTER September 1, 1995 889 



IN ADDITION 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of additional sales and use tax 
for the period of April 1, 1988 through January 31, 1993 
assessed against Dialysis Care of North Carolina, Inc. 



ADIVDNISTRATIVE 
DECISION NUMBER: 303 



THIS MATTER was heard before the Tax Review Board on May 9, 1995 in the City of Raleigh, Wake County, 
North Carolma in the office of the State Treasurer. It involves the petition for review by Dialysis Care of North Carolina, 
Inc. (hereinafter "Taxpayer") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and 
Administrative Services (hereinafter "Assistant Secretary") entered on May 5, 1994 sustaining a proposed assessment of sales 
and use tax for the period of April 1, 1988 through January 31, 1993. 

Chairman Harlan E. Boyles, State Treasurer presided over the hearing with duly appointed member, Jeff D. Batts, 
Attorney at Law participating. Hugh A. Wells, Chairman Utilities Commission was not present at the hearing. 

The Taxpayer was represented at the hearing by George W. Rohe and R. Brantley Ferrell; Marilyn R. Mudge, 
Assistant Attorney General, appeared on behalf of the Department of Revenue. 

After the hearing, the Board members present took the matter under advisement pursuant to G.S. §105-241. 2(bl). 
Briefs were filed after the hearing on behalf of the Taxpayer and the Department of Revenue. On June 7, 1995, the Board 
reviewed the Petition, Briefs and record of the matter in the proceeding before the Assistant Secretary. 

FINDINGS OF FACT 

THE TAX REVIEW BOARD, having reviewed the Petition, Briefs and record filed in this matter, makes the 
following Findings of Fact: 

1. Taxpayer operates health care facihties in North Carolina that provide kidney dialysis services to patients 

under the supervision and authorization of licensed, independent contractor physicians. 



2. Taxpayer purchases from vendors medicines and drugs which are used in kidney dialysis care provided to 



patients. 

3. Taxpayer has paid use tax on all medicines and drugs with the exception of Epogen. 

4. EpxDgen is prescribed to kidney dialysis patients who suffer from nausea and dizziness as a result of the 
treatment even though the medicine is not necessary in performing the kidney dialysis services. 



5. 



With respect to Epogen, the following transaction occurs: 

a. Taxpayer charges the dialysis patients separately for Epogen that is issued pursuant to written 
instructions issued on "physician orders". 

b. The "physician orders" are set forth separately on the patients' treatment records. 

c. Charges for Epogen are separately identified on the patients' bills. 

CONCLUSIONS OF LAW 

Based upwn the record, the Petition, Briefs and the foregoing findings of fact, the Tax Review Board concludes as 



890 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



IN ADDITION 



a matter of Law: 

1. Pursuant to N.C.G.S. § 105-164.13(13), "medicines sold on prescription of physicians, dentist or 
veterinarians ..." are exempt from the retail sales and use tax. 

2. N.C.G.S. § 105-164.3(15) defines "sale" to mean "any transfer of title or pHDSsession, or both, ....in any 

maimer or by any means whatsoever, however effected and by whatever name called, for a consideration paid or to be paid, 

11 

DECISION 

IT APPEARING TO THE BOARD, based upon the foregoing findings of fact and conclusions of law, that Taxpayer 
sold on prescription of a physician the drug Epogen to kidney dialysis patients. The sales of Epogen by Taxpayer are 
therefore exempt from sales or use tax pursuant to N.C.G.S. § 105-164.13(13). 

IT IS THEREFORE ORDERED, that the Final Decision of the Assistant Secretary is REVERSED. 

Entered this the 7th day of August, 1995. 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 



Hugh A. Wells, Ex Officio Member 
Chairman Utilities Commission 



Jeff D. Batts, Appointed Member 



10:11 NORTH CAROLINA REGISTER September 1, 1995 891 



IN ADDITION 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of additional sales and use tax 
for the period of August 1990 through December, 1993 
assessed against Shropshire's Honor Boxes/ 
Deborah B. Shropshire 



ADMINISTRATIVE 
DECISION NUMBER: 



304 



THIS MATTER was heard before the Tax Review Board on May 9, 1995 in the City of Raleigh, Wake County, 
North Carolina in the office of the State Treasurer. It involves the petition for review by Shropshire's Honor Boxes/Deborah 
B. Shropshire (hereinafter "Taxpayer") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and 
Administrative Services (hereinafter "Assistant Secretary") entered on December 12, 1994 sustaining a proposed assessment 
of sales and use tax for the period of August 1990 through December 1993. 

Chairman Harlan E. Boyles, State Treasurer presided over the hearing with duly appointed member, Jeff D. Batts, 
Attorney at Law participating. Hugh A. Wells, Chairman Utilities Commission was not present at the hearing. 

The Taxpayer was represented at the hearing by Mathew E. Bates, Attorney at Law; Marilyn R. Mudge, Assistant 
Attorney General, appeared on behalf of the Department of Revenue. 

After the hearing, the Board members present took the matter under advisement pursuant to G.S. § 105-241. 2(bl). 
On June 7, 1995, the Board reviewed the Petition, Brief and record of the matter in the proceeding before the Assistant 
Secretary. The issue presented to the Board is whether the devices used by the Taxpayer to dispense candy constitute 
"vending machines" within the meaning of N.C.G.S. §105-164. 3(16)f. Pursuant to this statute, "the sales price of tangible 
personal property sold through a coin-operated vending machine, other than closed container soft drinks subject to excise 
tax under Article 2B of this Chapter or tobacco products, is considered to be fifty percent (50%) of the total amount for 
which the product is sold in the vending machines." Thus, fifty percent (50%) of gross sales through coin-operated vending 
machines are exempt from North Carolina sales and use tax. The Taxpayer contended that the Department and Assistant 
Secretary erred in determining that the devices used by the Taxpayer were not vending machines. 

In the Final Decision, the Assistant Secretary made a finding of fact that the Taxpayer's honor boxes do not meet 
the commonly accepted meaning of coin-operated vending machine because the honor boxes contain no moving parts and 
are not coin-operated machines. The Assistant Secretary also found that the Revenue Laws do not contain a defmition for 
"vending machines." The Assistant Secretary therefore concluded that the honor boxes do not constitute vending machines 
pursuant to the commonly accepted use of the word. 

THE BOARD HAVING REVIEWED THE PETITION AND RECORD MADE IN THE PROCEEDING AND 
HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD RENDERS THE FOLLOWING DECISION: that 
the method of delivering a product for sale by a coin-operated machine or by passive operation still constitutes offering the 
product for sale. The dispensing of an item offered for sale is a passive matter in the transaction. Thus, absent a definition 
for what constitutes a vending machine, the above referenced finding of fact by the Assistant Secretary is not sufficient to 
conclude that Taxpayer's honor boxes are not vending machines. Therefore the conclusions of law were not supported by 
the findings of fact, and the decision of the Assistant Secretary was not supported by the conclusions of law. 

IT IS THEREFORE ORDERED, that the Final Decision of the Assistant Secretary is REVERSED. 



892 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



IN ADDITION 



Entered this the 7th day of August, 1995. 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



Hugh A. Wells, Chairman 
Utilities Commission 



Jeff D. Batts, Appointed Member 



10:11 NORTH CAROLINA REGISTER September 1, 1995 893 



IN ADDITION 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of additional sales and use 

tax for the period of Februaty 1, 1991 through 

May 31, 1994 assessed against Quadrangle Medical 

Specialist, P.A. 



ADMINISTRATIVE 
DECISION NUMBER: 



305 



THIS MATTER was heard before the Tax Review Board on May 9, 1995 in the City of Raleigh, Wake County, 
North Carolina, in the office of the Slate Treasurer. It involves the petition for review by Quadrangle Medical Specialist, 
P.A. (hereinafter "Taxpayer") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and 
Administrative Services (hereinafter "Assistant Secretary") entered on December 20, 1994 sustaining a proposed assessment 
of sales and use tax for the period of February 1, 1991 through May 31, 1994. 

Chairman Harlan E. Boyles, State Treasurer presided over the hearing with duly appointed member, Jeff D. Batts, 
Attorney at Law participating. Hugh A. Wells, Chairman Utilities Commission was not present at the hearing. 

The Taxpayer was represented at the hearing by A. Rexford Willis, lU, Attorney at Law; George W. Boylan, 
Special Deputy Attorney General, appeared on behalf of the Department of Revenue. 

After the hearing, the Board members present took the matter under advisement pursuant to G.S. §105-241. 2(bl). 
On June 7, 1995, the Board reviewed the Petition, Briefs and record of the matter in the proceeding before the Assistant 
Secretary. 

FINDINGS OF FACT 

THE TAX REVIEW BOARD, having reviewed the Petition, Briefs and record filed in this matter, makes the 
following Findings of Fact: 

1. Taxpayer is a North Carolina professional association principally engaged in providing medical services 
to patients in three cities within the State. 

2. Taxpayer has registered with the Department of Revenue for sales and use tax purposes. 

3. Taxpayer purchases from vendors medicines and drugs which are used in administering treatment to 

patients. 

4. Taxpayer has paid use tax on all such medicines and drugs with the exception of certain chemotherapy 
medicines and drugs. 

5. With respect to the Chemotherapy Drugs, the following transaction occurs: 

a. Taxpayer charges its patients separately and the drugs are paid for prior to delivery to the patients; 

b. Taxpayer retains a written prescription for all Chemotherapy Drugs and makes a separate charge 
for such Chemotherapy Drugs on patient's bill; 

c. Taxpayer further maintains a separate, accurate, permanent and complete record of all written 
prescriptions for the Chemotherapy Drugs and invoices to its patients list charges for the 
Chemotherapy Drugs separately from charges for any other goods or services; 

d. Taxpayer furnishes its vendors with completed Certificates of resale, Form E-590 for the 
Chemotherapy Drugs. 



894 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



IN ADDITION 



> 



CONCLUSIONS OF LAW 

Based upon the record, the Petition, Briefs and the foregoing findings of fact, the Tax Review Board concludes as 
a matter of Law: 

1. Pursuant to N.C.G.S. § 105-164.13(13), "medicines sold on prescription of physicians, dentist or 
veterinarians " are exempt from the retail sales and use tax. 

2. Pursuant to N.C.G.S. § 105-164.3(15), a "sale" or "selling" is defined as "any transfer of title or 
possession, or both, exchange, barter, lease, license to use or consume, or rental of tangible personal property, conditional 
or otherwise, in any manner or by of any means whatsoever," .... for consideration paid or to be paid, including the 
"fiimishing, preparing, or serving for consideration any tangible personal property consumed on the premises of the person 
furnishing, preparing or serving such tangible personal property or consumed at the place at which such property is prepared, 
served or sold. " 

DECISION 

IT APPEARING TO THE BOARD, based upon the foregoing findings of fact and conclusions of law, that Taxpayer 
sold on prescription of a physician the Chemotherapy Drugs to its patients. The sales of Chemotherapy Drugs by Taxpayer 
are therefore exempt from sales or use tax pursuant to N.C.G.S. § 105-164.13(13). 

IT IS THEREFORE ORDERED, that the Final Decision of the Assistant Secretary is REVERSED. 

Entered this the 7th day of August, 1995. 



# 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 



Hugh A. Wells, Chairman 
Utilities Commission 



Jeff D. Batts, Appointed Member 



I 



10:11 NORTH CAROLINA REGISTER September 1, 1995 895 



7A^ ADDITION 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of motor fuels tax 

on August 9, 1991 against Blaine W. Bievins, Jr. 



ADMINISTRATIVE 
DECISION NUMBER: 



306 



THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on June 7, 1995 in the City of 
Raleigh, Wake County, North Carolina in the office of the State Treasurer. It involves the petition for review filed by Blaine 
W. Bievins, Jr. (hereinafter "Taxpayer") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and 
Administrative Services for the Department of Revenue (hereinafter "Assistant Secretary") entered on December 8, 1994, 
February 2, 1995 and February 8, 1995 sustaining the proposed assessment of motor fuels tax, together with interest as 
provided by law, for August 9, 1991. 

Chairman Harlan E. Boyles, State Treasurer presided over the hearing with Hugh Wells, Chairman, Utilities 
Commission and duly appointed member, Jeff D. Batts, Attorney at Law participating. 

Luke D. Hyde, Attorney at Law, appeared on behalf of the Taxpayer; Christopher E. Allen, Assistant Attorney 
General, appeared on behalf of the Department of Revenue. 

The issue presented at the hearing for the Board's review was whether the Assistant Secretary erred in concluding 
that taxpayer was a responsible corporate officer pursuant to G.S. § 105-253(b)(3) and, thus, personally and individually 
liable for all taxes due from the corporation under Article 36 and 36A of the Revenue Act. 

AND IT APPEARING TO THE BOARD, that pursuant to G.S. § 105-253(b)(3), each responsible corporate officer 
is liable for "all taxes due from the corporation pursuant to the provisions of Article 36 and Article 36A of Subchapter V 
of this Chapter. " 

AND IT ALSO APPEARING TO THE BOARD, that the elements of willfulness or that taxpayer was incapable 
of exercising reasonable care is noticeably absent from G.S. § 105-253(b)(3), and are not requirements which must be 
affirmatively shown by the Department. Additionally, the term "responsible corporate officer" is defined in G.S. § 105- 
253(b) as including "the president and the treasurer of the corporation and any officers assigned the duty of filing tax returns 
and remitting taxes to the Secretary on behalf of the corporation." By operation of the statute, the Department correctly 
assessed the tax liability of the corporation against the taxpayer because he was president of the corporation and as president 
he would be personally and individually liable for all taxes due from the corporation under Article 36 and 36A of the 
Revenue Act. 

AND IT FURTHER APPEARING TO THE BOARD: that the findings of fact made by the Assistant Secretary were 
fully supported by competent evidence in the record, that the conclusions of law made by the Assistant Secretary were fully 
supported by the findings of fact, and that the decision by the Assistant Secretary was fully supported by the conclusions of 
law; 



IT IS THEREFORE ORDERED that the Final Decision of the Assistant Secretary is CONFIRMED in every 



respect. 



896 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



IN ADDITION 



Entered this the 7th day of August, 1995. 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



Hugh A. Wells 

Chairman Utilities Commission 



Jeff D. Batts 



10:11 NORTH CAROLINA REGISTER September 1, 1995 897 



IN ADDITION 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



) 
IN THE MATTER OF: ) 

The Proposed assessment of Controlled Substance Excise ) 
tax for possession of non-tax-paid Controlled Substance ) 
on March 30, 1994 against RICKY JEFFERSON EVANS ) 

) 



ADMINISTRATIVE 
DECISION NUMBER: 



307 



THIS MATTER was heard before the Tax Review Board on May 9, 1995 in the City of Raleigh, Wake County, 
North Carolina in the office of the State Treasurer. It involves the Petition of Ricky Jefferson Evans (hereinafter 
"Taxpayer") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative Services 
(hereinafter "Assistant Secretary") entered on September 12, 1994 sustaining a proposed assessment of controlled substance 
excise tax for possession of non-tax -paid controlled substance. 

Chairman Harlan E. Boyles, State Treasurer presided over the hearing with duly appointed member, Jeff D. Batts, 
Attorney at Law participating. Hugh A. Wells, Chairman Utilities Commission was not present at the hearing. 



The Taxpayer and his attorney did not appear at the hearing, 
appeared on behalf of the Department of Revenue. 



Christopher E. Allen, Assistant Attorney General, 



After the hearing, the Board members present took the matter under advisement pursuant to G.S. §105-241. 2(bl). 
On June 7, 1995, the Board reviewed the Petition, Brief and the record of matter in the proceeding before the Assistant 
Secretary. The issue before the Board is whether the Assistant Secretary erred in sustaining the controlled substance excise 
tax issued March 30, 1994 including the penalty and interest imposed against the Taxpayer. The Taxpayer also argued in 
his petition that the statute under which the tax is assessed is unconstitutional. 

N.C.G.S. §105-113.105 eL seq. provides for the levy of an excise tax on persons (dealers) who possess a non-tax- 
paid controlled substance. The tax is due within 48 hours after the dealer acquires a non-tax-paid controlled substance. The 
proposed assessment of the excise tax is presumed to be correct pursuant to N.C.G.S. §105-241. 1(a), thus the burden is on 
the Taxpayer to overcome this presumption and rebut the assessment. 

The purpose of this Board is to provide administrative review to Taxpayers fk)m the Secretary of Revenue's decision 
sustaining the assessment of tax or additional tax pursuant to North Carolina Revenue Laws. The Board after review of the 
factual situation and the application of the statute to those facts renders its decision. N.C.G.S. §105-241.2 provides that the 
Board's decision shall confirm, modify, reverse, reduce, or increase the assessment or decision of the Secretary. N.C.G.S. 
§105-241.2 does not give this administrative board the authority or jurisdiction to rule on the constitutionality of the statute. 
Great Am. Ins. Co. v. Gold, 254 N.C. 168, 118 S.E.ld 792 (1961). 

THE BOARD HAVING REVIEWED THE PETITION AND RECORD MADE IN THE PROCEEDING AND 
HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED 
RENDERS THE FOLLOWING DECISION: that the findings of fact made by the Assistant Secretary were fully supported 
by competent evidence in the record; that the conclusions of law made by the Assistant Secretary were fully supported by 
the findings of fact; and that the decision by the Assistant Secretary sustaining the tax assessment was fully supported by the 
conclusions of law. From the record of this proceeding, there was a reasonable basis to presume that the Taxpayer was in 
possession of the controlled substance. Pursuant to N.C.G.S. § 105-241 . 1(a), the proposed assessment of the excise tax is 
presumed to be correct. The Taxpayer failed to provide evidence to overcome the presumption and rebut the assessment. 

IT IS THEREFORE ORDERED, that the Board confirms the Assistant Secretary's final decision as to the 
assessment of the controlled substance excise tax but reverses the final decision as to penalty imposed against the Taxpayer 
and modifies the assessment of the jjenalty to be applicable only to the net amount of the tax assessed remaining unpaid after 



898 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



I 



the application of any amount received by the garnishment filed by the Department of Revenue. 

Since the Tax Review Board is not empowered to pass upon the constitutionality of a statute, or its application to 
a |)articular assessment or taxpayer, the Taxpayer's argument as to the constitutionality of the statute was not properly before 
this forum. 

Entered this the 7th day of August, 1995. 

TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



Hugh Wells, Chairman 
Utilities Commission 



Jeff D. Batts, Member 



I 



# 



10:11 NORTH CAROLINA REGISTER September 1, 1995 899 



PROPOSED RULES 



TITLE 11 - DEPARTMENT OF INSURANCE 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the N.C. Department of Insurance 
intends to amend rule cited as 11 NCAC 16 .0704. 

Proposed Effective Date: December 1, 1995. 

A Public Hearing vv/7/ be conducted at 10:00 a.m. on 
September 26, 1995 at the Dobbs Building, 3rd Floor 
Hearing Room, 430 N. Salisbury Street, Raleigh, NC 27611. 

Reason for Proposed Action: Original data requested was 
found not to be as valuable as anticipated. 

Comment Procedures: Written comments and questions 
should be directed to Walter James, 430 N. Salisbury Street, 
Raleigh, NC 27611, (919) 733-3284. Oral presentations 
may be made at the public hearing. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 16 - ACTUARIAL SERVICES DIVISION 

SECTION .0700 - HEALTH MAINTENANCE 

ORGANIZATION CLAIM RESERVE 

DATA REQUIREMENTS 

.0704 CLAIM RESERVE DATA AND FORMAT 
REQUIREMENTS 

(a) The data requirements in Paragraph fb) of this Rule 
shall be recorded for the following types of claims: 

(1) Inpatient Claims; 

(2) Physician Claims; 

(3) Referral Claims; and 

(4) Other. 

(b) For the most recent 36 month 24-month period 
immediately preceding and including the valuation date, the 
following "monthly" historical data shall be recorded by the 
month in which the claim or payment was incurred and by 
the following: 

(1) Cumulative number of claims reported through 
the 36 month 24-month period; 

(2) Cumulative number of claims paid through the 
36 month 24-month p>eriod; 

(3) Cumulative dollar amount of claims paid through 
the 36 month 24-month period; and 

(4) Cumulative dollar amount of claims incurred 
through the 36 month 24-month period. 

(c) The following monthly historical data shall be re- 
corded for the most recent 36 month 24-month period 
immediately preceding and including the valuation date: 

(1) Earned premiums by calendar month; 

(2) Total number of enrollees at the beginning and 
end of each month; 



(3) Data on claim amounts greater than or equal to 
one hundred thousand dollars ($100,000)^ ; and 
f4^ Data on any adjustmonte or r e fundo. 

(d) Schedule H, Section EI - Analysis of Unpaid Claims, 
updated as of the current valuation date. 

(e) All data in this Rule shall be recorded on a 3.5" 
diskette containing a LOTUS worksheet named 
CLM_RES.WK3 or CLMRES.WKl; which can be 
obtained from the Actuarial Services Division. 

(0 A hard copy of the LOTUS worksheet shall accom- 
pany the filing. 

Statutory Authority G.S. 58-2-40; 58-67- 135(b); 58-67-150. 



TFTLE 12 - DEPARTMENT OF JUSTICE 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Private Protective 
Services Board intends to amend rule cited as 12 NCAC 7D 
.0204. 

Proposed Effective Date: December 1, 1995. 

A Public Hearing will be conducted at 2:00 p.m. on 
September 18, 1995 at the SBI Complex, Conference Room - 
Bldg. 12, 3320 Old Gamer Road, Raleigh, NC 27626. 

Reason for Proposed Action: Each applicant for a license 
must prove three years or three thousand hours of experience 
in order to receive a private protective services business 
license. The amendment will allow the Board to consider 
experience which is gained through formal classroom 
training and will allow the Board the ability to grant up to 
two hundred hours of time for that experience. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. The Record 
of Hearing will be open for receipt of written comments on 
the proposed text for 30 days after the text is published in 
the North Carolina Register or until the date of the public 
hearing, whichewr is longer. Written comments must be 
delivered to the Private Protective Services Board, 3320 Old 
Gamer Road, Raleigh, NC 27626-0500. 

Fiscal Note: This Rule does not affect the expenditures or 
re\'enues of local government or state funds. 



CHAPTER 7 



PRFVATE PROTECTFVE 
SERVICES 



SUBCHAPTER 7D - PRIVATE PROTECTFVE 
SERVICES BOARD 

SECTION .0200 - LICENSES: TRAINER PERMTFS 

.0204 DETERMINATION OF EXPERIENCE 



900 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



PROPOSED RULES 



(a) Experience requirements shall be determined in the 
following manner: 

(1) one year experience = 1,000 hours; 

(2) two years experience = 2,000 hours; 

(3) three years experience = 3,000 hours. 

(b) Applicants must be prepared to make available upon 
request written documentation and/or verification of experi- 
ence. 

(c) The Board may, for good cause, consider any experi- 
ence claimed by the applicant if gained while not in posses- 
sion of a valid license, registration or trainee permit. Such 



experience may include formal classroom training which is 
directly related to the private protective services industry. 
The Board may grant one half hour of credit for each hour 
of formal training, but will grant no more than two hundred 
hours. Paragraph (c) of this Rule is to be considered in 
addition to any other formal training credits. No credit will 
be given for formal training required pursuant to these 
Rules. 

Statutory Authority G.S. 74C-5; 74C-8. 



TITLE ISA - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 



N 



otice is hereby given in accordance with G.S. 150B-21.2 that the EHNR - Environmental Management Commission 
intends to amend rule cited as 15A NCAC 2B .0313. 



Proposed Effective Date: February 1, 1996. 

A Public Hearing will be conducted at 7:00 p.m. on September 28, 1995 at the Stokes County Government Center, 
Courtroom A, Danbury. NC. 

Reason for Proposed Action: 

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMNHSSION 

ANNOUNCEMENT OF A PUBLIC HEARING TO RECLASSIFY A PORTION OF TOWN FORK CREEK 

IN STOKES AND FORSYTH COUNTIES 

A public hearing will be held by the N.C. Department of Envirormient, Health and Natural Resources on behalf of 
the Environmental Management Commission (EMC). The Department seeks public comment on the proposed 
reclassification of a portion of the Town Fork Creek watershed for future use as a drinking water supply watershed 
with a classification of WS-III FWS (Future Water Supply). Changes in stream classifications can affect activities 
in and adjacent to these waters. 

The first section of this announcement will hst the classification changes that are being proptosed. The second section 
will provide a summary of the requirements associated with a water supply classification. TTie last section will 
provide information on the public hearing and how to submit comments. 

Proposed Classification Change 

Town Fork Creek (Hoanoke River Basin) 

Segment: from its source to the proposed raw drinking water supply reservoir where the intake is to 

be located (on the Stokes/Forsyth County line near Bannertown) including all tributaries. 
Classification Change Proposed: from Class C to Classes WS-IH FWS (Future Water Supply) and WS-UI 

FWS CA (critical area). 

Local Governments with Land Use Authority: Stokes and Forsyth Counties, and the Town of Rural Hall. 

Summary of Requirements 

The following chart summarizes the requirements related to the WS-III water supply classification. These are the 
major provisions of the water supply regulation (15A NCAC 2B .0104, .0202 and .0211); to review all of them, write 
or call the contact person listed below for more information. 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



901 



PROPOSED RULES 



Requirements for a WS-DI Classification 

Development Cntena 
WO Engineered W Engineered 





Wastewater 


Stormwater, 


Stormwater, 


10°o70°o 


Agriculture 




Discharaers 


Low Densitv- Opt, 


High Densitv Opt. 


Provision 


BMPs 


Critical Area 


General 


Idu* acre or up to 


12-30°o built upon 


Not 


Required (1) 




Permits 


12° built upon 
area 


area 


Allowed 




Balance of 


Domestic & 


2du*/acre or up to 


24-50° built upon 


Allowed 


Not 


Watershed 


Non-process 
industnal 


24° built upon 
area 


area 




Required (1) 



Notes: 



Critical area is one-half mile and draining to water supplies from the normal pool elevation 

of the reservoir. 

Requirements applicable to new development. Existing single family lots are exempt. 

Buffers required along all perennial waters; 30 foot buffer for low density and 100 foot 

buffer for high density development. 

Engineered stormwater management systems are required with the high density option. 

Local governments will assume ultimate responsibility for the operation and maintenance 

of these stormwater management devices. 

10%/70% provision allows each local goverrmient within the watershed to allow up to 10% 

of their jurisdiction within the watershed to be developed at up to 70% built-upon area. 

(1) All agricultural activities are subject to provisions of the Food Security Act of 1985 

and the Food, Agriculture. Conservation and Trade Act of 1990. A ten foot vegetated 

buffer or equivalent control as determined by the Soil and Water Conservation Commission 

is required in the critical area. Animal operations which are deemed, and are, permitted 

under 15 A NCAC 2H .0217 are allowed in all water supply watersheds. 



The Stokes County Board of commissioners and the Stokes Soil and Water Conservation District requested the 
reclassification of the Town Fork Creek watershed to a WS-IU FWS. Division records indicate the existence of six 
domestic NPDES wastewater discharge permits within the watershed. The existing land use and wastewater discharge 
permits qualify the watershed for a WS-III water supply classification. 

The FWS supplemental classification was recently adopted by the EMC. The purpose of this supplemental 
classification is to recognize certain waters of the state for use as future drinking water supplies. The effect of 
reclassifying the watershed as WS-Ul FWS would mean that the local governments having land use jurisdiction within 
the watershed (Stokes and Forsyth Counties along with the Town of Rural Hall) would not be responsible for adopting 
and implementing drinking water supply protection ordinances until 270 days after the EMC has removed the FWS 
supplemental classification through the rule-making process The EMC can proceed with removing the FWS after 
the Division of Environmental Health issues a final letter of approval for construction of a water treatment plant in 
Town Fork Creek. Although the local governments are not obligated to implement a stormwater management program 
for drinking water supply protection, through their ordinances upon reclassification to WS-IIl FWS, they have the 
option of adopting and implementing water supply watershed protection ordinances. However, requirements for 
activities administered by the state, such as the issuance of permits for landfills, NPDES wastewater discharges, land 
application of residuals and road construction activities, that are applicable to a WS-III classification will become 
effective upon reclassification to WS-III FWS. 

The purpose of the development density controls, the wastewater discharge requirements and the agricultural 
management practices are to prevent the degradation of the water quality for use as a drinking water supply from 
pollutant impacts. 

Public Hearing Information 

PURPOSE: The purpose of this hearing and the written comment period is to receive comments on the proposed 

reclassification from interested people. The written comment period will be open until October 30, 
1995. The EMC is interested in conmients in favor of and opposed to the proposed changes. 



902 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



PROPOSED RULES 



> 



I 



I 



The EMC may make some changes in final rules without renotice and rehearing, as long as the 
adopted rules do not differ substantially from the projjosed rules. The EMC may adopt final 
management requirements, rules and classifications that are more or less stringent than those 
being noticed. (See NCGS 150B- 21.2(0 for this authority.) The EMC must determine that 
the final adopted rules are not substantially different from the proposed rules. All interested 
and potentially affected persons are strongly encouraged to read the entire announcement and 
supporting information and make comments on the proposal presented. The proposed effective 
date for final rules for these proposed changes is February 1, 1996. 

Comment Procedures: You may submit comments, statements, data and other information in writing prior to, during 
or cfier the hearing hut no later than October 30, 1995. You may also present verbal comments at the hearing. The 
Hearing Officer may limit the length of time that you may speak so that all those who wish to speak may have an 
opportunity to do so. We encourage you to submit written comments. For more information, you may obtain further 
explanations and details of the proposed reclassification by writing or calling: 

Steve Zoufaly 

DEHNR/Division of Environmental Marujgement 

P. O. Box 29535 

Raleigh, NC 27626-0535 

(919) 733-5083, extension 566 

Fiscal Note: This Rule does not affect the expenditures or revenues of local government or state funds. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.0313 ROANOKE RIVER BASIN 

(a) Places where the schedules may be inspected: 

(1) Clerk of Court: 
Bertie County 
Caswell County 
Forsyth County 
Granville County 
Guilford County 
Halifax County 
Martin County 
Northampton County 
Person County 
Rockingham County 
Stokes County 
Surry County 
Vance County 
Warren County 
Washington County 

(2) North Carolina Department of Environment, Health, and Natural Resources: 

(A) Raleigh Regional Office 
3800 Barrett Drive 
Raleigh, North Carolina 

(B) Washington Regional Office 
1424 Carolina Avenue 
Washington, North Carolina 

(C) Winston-Salem Regional Office 

8025 North Point Boulevard, Suite 100 



10:11 NORTH CAROLINA REGISTER September 1, 1995 903 



PROPOSED RULES 



Winston-Salem, North Carolina 

(b) Unnamed Streams. Such streams entering Virginia are classified "C." Except that all backwaters of John H. 
Kerr Reservoir and the North Carolina portion of streams tributary thereto not otherwise named or described shall 
carry the classification "B," and all backwaters of Lake Gaston and the North Carolina portion of streams tributary 
thereto not otherwise named or described shall carry the classification "C and B". 

(c) The Roanoke River Basin Schedule of Classification and Water Quality Standards was amended effective: 

(1) May 18, 1977; 

(2) July 9, 1978; 

(3) July 18, 1979; 

(4) July 13, 1980; 

(5) March 1, 1983; 

(6) August 1, 1985; 

(7) February 1, 1986; 

(8) July 1, 1991; 

(9) August 3, \m^ 1992; 
(10) February 1, 1996. 

(d) The Schedule of Classifications and Water Quality Standards for the Roanoke River Basin was amended 
effective July 1, 1991 with the reclassification of Hyco Lake (Index No. 22-58) from Class C to Class B. 

(e) The Schedule of Classifications and Water Quality Standards for the Roanoke River Basin was amended 
effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of 
WS-I, WS-n or WS-III). These waters were reclassified to WS-I, WS-II, WS-IH, WS-IV or WS-V as defmed in the 
revised water supply protection rules, (15A NCAC 2B .0100, .0200 and .0300) which became effective on August 
3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification 
due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS 
classification to an alternate appropriate primary classification after being identified as downstream of a water supply 
intake or identified as not being used for water supply purposes. 

(f) The Schedule of Classifications and Water Quality Standards for the Roanoke River Basin was amended 
effective February j^ 1996 with the reclassification of Town Fork Creek [Index No. 22-25-(0.5)1 from its source to 
the Stokes County water supply intake (near the Stokes-Forsyth County line at Bannertown) including tributaries from 
Class C to Classes WS-IH FWS (Future Water Supply) and WS-ID FWS CA (Critical Area). 



Statutory Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1). 

Una 27604-1188. 



«»***««***»«««««« 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule cited as 15A 
NCAC lOF .0323. 



Fiscal Note; This Rule does not affect the expenditures 
or revenues of local government or state funds. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 



Proposed Effective Date: December 1, 1995. 

A Public Hearing will be conducted at 7:(X) p.m. on 
September 18, 1995 at the Burke County Courthouse , 
Courtroom #2, Morganton, North Carolina. 



SUBCHAPTER lOF - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 



Reason for Proposed Action: 

in congested areas. 



To regulate boat speeds 



Comment Procedures: Interested persons may present 
their views either orally or in writing at the hearing. In 
addition, the record of hearing will be open for receipt 
of written comments from September 1, 1995 - October 
2, 1995. Such written comments must be delivered or 
mailed to the North Carolina Wildlife Resources Commis- 
sion, 512 North Salisbury Street, Raleigh, North Caro- 



.0323 BURKE COUNTY 

(a) Regulated Areas. TTiis Rule applies only to the 
following lakes or portions of lakes which lie within the 
boundaries of Burke County: 

(1) Lake Hickory; 

(2) Lake James; 

(3) Lake Rhodhiss. 

(b) Speed Limit. No person shall operate a vessel at 
greater than no-wake speed within 50 yards of any 
designated and marked public boat launching ramp, 



904 



NORTH CAROLINA REGISTER 



September I, 1995 



10:11 



PROPOSED RULES 



bridge, marina, boat storage structure, boat service area, 
dock or pier while on the regulated areas described in 
Paragraph (a) of this Rule^ On Lake James, no person 
shall operate a vessel at greater than no-wake speed in 
the following areas as delineated by appropriate markers: 

(1) Holiday Shores Subdivision: 

(2) Lake James Campground: 
("3) Laurel Pointe Subdivision: 
(4) Boyd Moore Cove. 

or within 50 yorda of any dooignatod and mark e d privat e 
boat launohing — ramp, — bridg e , — marina, — beat — otorago 
structuro, boat sor . 'ico area, dock or pior around the 
Holiday Shores Subdivision on Lake Jamoa or within 50 
yards of th e Lake Jamoo Campground, or within 50 
yards of th e oommunit)' dooko at Laur e l Point e oubdivi 

(c) Speed Limit in Mooring Areas. No person shall 
operate a vessel at greater than no-wake speed while 
within a marked mooring area established with the 
approval of the Executive Director, or his representative, 
on the regulated areas described Ln Paragraph (a) of this 
Rule. 

(d) Restricted Swimming Areas. No person operating 
or responsible for the operation of a vessel shall permit 
it to enter any marked public swimming area established 
with the approval of the Executive Director, or his 
representative, on the regulated areas described In 
Paragraph (a) of this Rule. 

(e) Placement and Maintenance of Markers. The 
Board of Commissioners of Burke County is designated 
a suitable agency for placement and maintenance of the 
markers Implementing this Rule, subject to the approval 
of the United States Coast Guard and the United States 
Army Corps of Engineers, if appUcable. With regard to 
marking the regulated areas described in Paragraph (a) 
of this Rule, all of the supplementary standards listed in 
Rule .0301(g) of this Section shall apply. 

Statutory Authority G.S. 75A-3; 75A-15. 

Notice is hereby given in accordance with G.S. 
1508-21. 2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule cited as 15A 
NCAC lOF .0324. 

Proposed Effective Date: December 1, 1995. 

A Public Hearing will be conducted at 10:00 a.m. on 
September 18, 1995 at the Archdale Building, Room 332, 
512 N. Salisbury Street, Raleigh, NC 27604. 

Reason for Proposed Action: To regulate boat speeds 
in congested areas. 

Comment Procedures: Interested persons may present 



their views either orally or in writing at the hearing. In 
addition, the record of hearing will be open for receipt 
of written comments from September 1 , 1995 - October 
2, 1995. Such written comments must be delivered or 
mailed to the North Carolina Wildlife Resources Commis- 
sion, 512 North Salisbury Street, Raleigh, North Caro- 
lina 27604-1188. 

Fiscal Note: This Rule does not affect the expenditures 
or revenues of local government or state funds. 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0324 DAVIDSON COUNTY 

(a) Regulated Areas. This Rule applies only to those 
portions of High Rock Lake, Tuckertown Lake, and 
Badin Lake which he within the boundaries of Davidson 
County. 

(b) Speed Umlt. No person shall operate a vessel at 
greater than no-wake speed within 50 yards of any 
marked public boat launching ramp, bridge, dock, 
marina, boat storage structure, boat service area or pier 
while on the waters of High Rock Lake, Tuckertown 
Lake, and Badln Lake In Davidson County. 

(c) Speed Limit In Mooring Areas. No person shall 
operate a vessel at greater than no-wake speed while 
within a marked mooring area established with the 
approval of the Executive Director, or his representative, 
on the waters of High Rock Lake, Tuckertown Lake, 
and Badin Lake In Davidson County. 

(d) Speed Limit at Mouth of Cove. No person shall 
operate a vessel at greater than no-wake speed while 
within 50 yards on either side of the mouth of Beaver 
Dam Creek Cove located on Badin Lake or in Abbotts 
Creek Cove of High Rock Lake as delineated by appro- 
priate markers. 

(e) Restricted Swimming Areas. No person operating 
or responsible for the operation of a vessel shall permit 
it to enter any marked pubUc swimming area established 
with the approval of the Executive Director, or his 
representative, on the waters of High Rock Lake, 
Tuckertown Lake, and Badin Lake in Davidson County. 

(0 Placement and Maintenance of Markers. The 
Board of Commissioners of Davidson County is desig- 
nated a suitable agency for placement and maintenance 
of the markers Implementing this Rule, subject to the 
approval of the United States Coast Guard and the 
United States Army Corps of Engineers, if applicable. 
With regard to marking the regulated areas described In 
Paragraph (a) of this Rule, all of the supplementary 
standards listed in Rule .0301(g) of this Section shall 
apply. 

Statutory Authority G. S. 75A-3; 75 A- 15. 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



905 



PROPOSED RULES 



TITLE 18 - SECRETARY OF STATE 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the N.C. Department of the Secre- 
tary of Stale intends to amend rule cited as 18 NCAC 06 
.1402. 

Proposed Effective Date: December 1 , 1995. 

Instructions on How to Demand a Public Hearing 

(must be requested in writing within 15 days of notice): 
A public hearing may be requested by writing to Mr. 
Gene Cella, Deputy Securities Administrator, North 
Carolina Department of the Secretary of State, Securities 
Division, 300 North Salisbury Street, Suite 100, Raleigh, 
NC 27603-5909 by September 18, 1995. 

Reason for Proposed Action: To raise the filing fee to 
the amount required by recent legislative changes. 

Comment Procedures: Interested person may submit 
v.rirten staiements by mail addressed to Mr. Gene Cella, 
Deputy Securities Administrator, North Carolina Depart- 
ment of the Secretary of State, Securities Division, 300 
North Salisbury Street. Suite 100, Raleigh, NC 27603- 
5909. The comment period will end on October 2, 1995. 

Fiscal Note: This Rule does not ajfea the expenditures 
or re\'enues of local government or state funds. 

CHAPTER 6 - SECURITIES DIVISION 

SECTION .1400 - REGISTRATION OF 
DEALERS ANT) SALESMEN 

.1402 APPLICATION FOR REGISTRATION 
OF SALESMEN 

(a) The application for registration as a salesman shall 
contain the following: 

(1) an executed Uniform Application for Securi- 
ties and Conunodities Industrv' Representative 
and/or Agent (Form U-4) or the appropriate 
successor form; 

(2) a fee in the amount of fort^' Five fi fry-Five 
dollars (S'15.00) ($55.00) : 

(3) evidence of a passing grade of seventy per- 
cent on the Uniform Securities Agent State 
Law Examination (USASLE - Series 63) as 
well as the appropriate NASD examination as 
required by Rule .1413 of this Section. 

fb) The appUcation for registration as a salesman shall 
be Filed as follows: 

(1) NASD member dealers shall file all salesman 
applications for registration in the State of 
North Carolina with the NASAA/NASD 
Central Registration Depositor)', P.O. Box 



(2) 



37441, Washington, D.C. 20013; 
Non-NASD member dealers shall file all 
salesman applications for registration in the 
State of North Carolina directly with the 
Securities Division. 

(c) The salesman or the dealer for which the salesman 
is registered shall file with the administrator, as soon as 
practicable but in no event later than 30 days, notice of 
any disciplinary action taken against a salesman by any 
exchange of which the dealer is a member; the Securities 
and Exchange Commission; the Commodity Futures 
Trading Commission; any national securities association 
registered with the Securities and Exchange Commission 
pursuant to Section 15 A of the Securities Exchange Act 
of 1934 or any state securities commission and of any 
civU suit, warrant, criminal warrant, or criminal indict- 
ment filed against the salesman alleging violation of any 
federal or state securities laws. If the information 
contained in any document filed with the administrator 
is or becomes inaccurate or incomplete in any material 
resfject, the salesman or the dealer for which the sales- 
man is registered shall file a correcting amendment as 
soon as practicable but in no event later than thirty days. 
Such filing is to be made by NASD member dealers and 
their salesmen to the NASAA/NASD Central Registra- 
tion Depository and non-NASD member dealers and 
their salesmen shall make such Filing directly with the 
Securities Division. 

(d) Registration becomes effective at noon of the 30th 
day after a completed application is filed or such earlier 
time upon approval of the application by the administra- 
tor, unless proceedings are instituted pursuant to G.S. 
78A-39. The administrator may by order defer the 
effective date after the Filing of any amendment but no 
later than noon of the 30th day after the Filing of the 
amendment. 

(e) A salesman shall only be registered in this State 
with one dealer. 

Statutory Authority G.S. 78A-37(a); 78A-37(b); 
78A-38(c),- 78A-39(b)(4); 78A-49(a). 



TITLE 21 - OCCLTATIONAL LICENSLNG 
BOARDS 

CHAPTER 12 - LICENSING BOARD FOR 
GENERAL CONTRACTORS 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Licensing Board 
for General Contractors intends to adopt rule cited as 21 
NCAC 12 .0410 and amend rule cited as 21 NCAC 12 
. 0302. 

Proposed Effective Date: December 1 , 1995. 



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NORTH CAROLINA REGISTER 



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PROPOSED RULES 



A Public Hearing will be conducted at 10:00 a.m. on 
October 18, 1995 at the Office of the North Carolina 
Licensing Board for General Contractors, 3739 National 
Drive, Suite 225, Raleigh, NC. 

Reason for Proposed Action: 

21 NCAC 12 .0302 - to change the fee from $5.00 to 
$6.00 per application package if the package is mailed 
and from $4. 00 to $5. 00 per application package if the 
package need not be mailed. 

21 NCAC 12 .0410 - to require that persons taking the 
examination receive a score of at least 70 for each part 
of an examination in order to pass the examination and 
to allow persons who do not receive a passing score of 
70 or higher on each required part of an examination to 
retake and pass the required part of an examination 
within 12 consecutive months. 

Comment Procedures: Persons wishing to present oral 
data, views or arguments on a proposed rule or rule 
change may file a notice with the Board at least ten (10) 
days prior to the public hearing at which the person 
wishes to speak. Comments should be limited to 10 
minutes. The Board's address is P.O. Box 17187, 
Raleigh, NC 27619. Written submission of comments or 
argument will be accepted up to and including October 
18, 1995. 

Fiscal Note: These Rules do not affect the expenditures 
or revenues of local government or state funds. 

SECTION .0300 - APPLICATION PROCEDURE 

.0302 REQUEST 

(a) A request for the required application form may be 
made at the address in Rule .0101 of this Chapter. 

(b) The Board shall charge a fee of fiv e dollara 
($5.00) six dollars ($6.00) per application package if the 
package is mailed, and charge a fee of four dollars 
($1.00) five dollars ($5.00) per application package if 
the package need not be mailed. The Board shall not 
charge more than the cost of publication and mailing of 
the appUcation package. Should the total cost of devel- 
opment, mailing and publication be less than fiv e dollars 
($5.00) six dollars ($6.00) . the Board wiU shall adjust 
the fees accordingly. 

Statutory Authority G.S. 87-1; 87-10; 1508-19(5). 

SECTION .0400 - EXAMINATION 



examination shall have one calendar year (12 consecutive 
months) to retake and pass the required part of an 
examination, for the same classification. The calendar 
year begins with the first examination date of the part of 
the examination resulting in a score of less than 70. If 
a person does not receive a score of 70 or higher on all 
parts of an examination within one calendar year, the 
person is required to take all parts of the examination as 
provided by G.S. 87-10(d). 

Statutory Authority G.S. 87-10. 

CHAPTER 19 - BOARD OF ELECTROLYSIS 
EXAMINERS 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Board of Elec- 
trolysis Examiners intends to adopt rules cited as 21 
NCAC 19 .0104, .0204 and repeal 21 NCAC 19 .0616. 

Proposed Effective Date: December 1, 1995. 

A Public Hearing will be conducted at 10:00 a. m. on 
October 7, 1995 at the State Employees Credit Union 
Building, Fourth Floor Conference Room, 801 
Hillsborough Street, Raleigh, NC 27605-0834. 

Reason for Proposed Action: It is necessary to set out 
minimum standards for advertising , to establish applica- 
tion procedures , time limits, and supervisory require- 
ments for temporary licenses, and to remove the prohibi- 
tion on charges for student services. 

Comment Procedures: The record of hearing will be 
open for receipt of written comments from September 1, 
1995, through the close of the hearing on October 7, 
1995. Written comments may be delivered to the Board 
at its mailing address (PO Box 10834, Raleigh, NC 
27605-0834) or submitted at the hearing. Anyone 
wishing to speak at the hearing should notify the Chair- 
man in writing at the Board's mailing address no later 
than 5:00 p.m. on the day before the hearing. All others 
will be able to speak only if time permits. 

Fiscal Note: These Rules do not affect the expenditures 
or revenues of local government or state funds. 

SECTION .0100 - GENERAL PROVISIONS 



.0410 FAILING EXAMINATION; 
REEXAMINATION 

Persons taking the examination must receive a score of 
at least 70 for each part of an examination in order to 
the examination. Persons who do not receive a 



passing score of 70 or higher on each required part of an 



.0104 ADVERTISING 

No advertisement by an electrologist. or for the 
services of any electrologist, licensed by this Board shall 
be false or misleading. An electrologist who fails to 
correct such an advertisement, or who fails to cause it to 
be corrected, at the earliest o pportunity after receipt of 



10:11 



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907 



PROPOSED RULES 



written notice by the Board shall be subject to disciplin- 
ary action in accordance with G.S. 88A-21. 

Statutory Authority G.S. 88A-6; 88A-21. 

SECTION .0200 - APPLICATION 
PROCEDURES 

,0204 TEMPORARY LICENSE 

(a) An applicant for an electrologist license who is 
required to take the Board's examination and has com- 
plied with 21 NCAC 19 .0202 may request a temporary 
license. The request may be made with the initial 
application for an electrologist license or at any time 
thereafter. The applicant shall submit with the request 
a written statement by a licensed electrologist or 
electrology instructor that Qie applicant will be practicing 
in this individual's office and that this individual has 
agreed to supervise the applicant's practice. On receiv- 
ing a re quest for a temporary license that complies with 
this Paragraph, the Board will issue the applicant a 
temporary license subject to the time limits in Paragraph 
(b) of this Rule. 

(b) A temporary license is valid only during the dates 
stated in the license. Consistent with G.S. 88A-1 1.1. a 
temporary license cannot be valid for more than six 
months. TTie Board will begin issuing temporary 
licenses no sooner than five months before the date of 
the next scheduled examination. The Board will stop 
issuing temporary licenses 30 days before that examina- 
tion. All temporary licenses shall expire one month 
after the date of that examination. 

(c) Except as provided in Paragraph (d) of this Rule. 
a temporary license may not be renewed. 

(d) The holder of a temporary license who did not 
take the examination for which the holder was scheduled 
may apply to have the temporary license renewed. TTie 
applicant shall: 

(1) apply to retake the examination on the next 
occasion it is offered: 

(2) provide a written recommendation from the 
applicant's supervisor that the Board renew 
the applicant's temporary license: 

(3) show to the satisfaction of the Board that the 
applicant was unable to appear and take the 
examination for which the applicant was 
previously scheduled due to causes beyond 
the applicant's control. 

If the Board determines that the applicant has met the 
requirements of this Paragraph, the Board will renew the 
applicant's temporary license. The renewed temporary 
license shall expire six months after the date it is re- 
newed or 30 days after the date of the next scheduled 
examination, whichever is shorter, and [t may not be 
renewed again. 

(e) The holder of a temporary license shall practice 
only under the supervision of another licensed electrolo- 



gist or electrology instructor. As used in this Rule. 



"supervision of another" means that the other is physi- 
cally in the same establishment as the holder of the 
temporary Ucense and that the acts done by the holder of 
the temporary license are done pursuant to the other's 
order, control, and approval. The holder of a temporary 
license shall notify the Board within five business days 
of any change of supervisor and shall submit to the 
Board within 10 business days a written statement by the 
new supervisor that the holder of the temporary license 
will be practicing in the new supervisor's establishment 
and that the new supervisor has agreed to supervise his 
or her practice. 

(D Notwithstanding any other provision of this Rule. 
the Board will not issue a temporary license to anyone 
who has failed the examination for licensure as an 
electrologist. to anyone who has previously been issued 
a temporary license, or to anyone whose temporary 
license was revoked pursuant to G.S. 88A-21. 

Statutory Authority G.S. 88A-6; 88A-10.1. 

SECTION .0600 - SCHOOLS 

.0616 REMUNERATION PROHIBITED 

No school cortifiod by tho Board shall, directly of 
indirectly, aoo e pt r e muneration or mak e any ohorgo for 
oor^'ioeo rendered by ito otud e nto for praotioo work. 

Statutory Authority G.S. 88A-6; 88A-19; 88A-20. 
CHAPTER 36 - BOARD OF NURSING 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Board of Nurs- 
ing intends to amend rules cited as 21 NCAC 36 .0109, 
.0202 - .0203. .0209. .0211, .0216 - .0219, .0221. 
.0225. .0318, .0320, .0322; and adopt rule cited as 21 
NCAC 36 .0227. 

that the Proposed Effective Date: January 1 , 1996. 

A Public Hearing will be conducted at 1:30 p.m. on 
October 27, 1995 at the Brownestone Hotel, 1707 
Hillsborough Street, Raleigh, NC. 

Reason for Proposed Action: 

21 NCAC 36 .0109 - To clarify' Board member qualifica- 
tions for registered nurses. 

21 NCAC 36 .0202, .0209 - To clarify required informa- 
tion to be submitted. 

21 NCAC 36 .0203 - To reorder for clariry and clarify 
required information. 
21 NCAC 36 .0211 - To clarify title of section, eliminate 



908 



NORTH CAROLINA REGISTER 



September I, 1995 



10:11 



PROPOSED RULES 



non-available qualifications, and clarify qualifications. 
21 NCAC 36 .0216 - To improve process of census of 
nursing personnel. 

21 NCAC 36 .0217- To clarify and reorder. 
21 NCAC 36 .0218 - To clarify type of nursing program 
and to clarify and reorder requirements for endorsement 
of nurses from Canada and others from outside U.S. 
21 NCAC 36 .0219 - To add requirement for receiving 
temporary license. 
21 NCAC 36 .0221 - To clarify. 
21 NCAC 36 .0225 - To reword for clarification. 
21 NCAC 36 .0227 - As stated in both G.S. 90-6 and 
G.S. 90-171.23(14), both the Board of Nursing and the 
Medical Board are to adopt rules to govern the perfor- 
mance of medical acts by registered nurses (nurse 
practitioners). 

21 NCAC 36 .0318 - To clarify requirements. 
21 NCAC 36 .0320 - To clarify educational standards 
related to admission requirements for nursing programs 
and address concerns relative to ADA. 
21 NCAC 36 .0322 - To require most current DSM 
volume. 

Comment Procedures: Any person wishing to present 
oral testimony relevant to proposed rules may register at 
the door before the hearing begins and present hearing 
officer with a written copy of testimony. Written com- 
ments concerning these amendments must be submitted by 
October 20, 1995, to: North Carolina Board of Nursing, 
P.O. Box 2129, Raleigh, NC 27602, ATTN: Jean H. 
Stanley, APA Coordinator. 

Fiscal Note: These Rules do not affect the expenditures 
or revenues of local government or state funds. 

SECTION .0100 - GENERAL PROVISIONS 

.0109 SELECTION AND QUALIFICATIONS OF 
NURSE MEMBERS 

(a) Vacancies in nurse member positions on the Board 
that are scheduled to occur during the next year shall be 
announced in the December issue of the North Carolina 
Board of Nursing "Bulletin", which shall be mailed to 
the address on record for each North Carolina currently 
licensed nurse on December 1. The "Bulletin" shall 
include a petition form for nominating a nurse to the 
Board and information on filing the petition with the 
Board. 

(b) Each petition shall be checked with the records of 
the Board to validate that the nominee and each peti- 
tioner hold a current North Carolina license to practice 
nursing. If the nominee is found to be not currently 
licensed, the petition shall be declared invalid. If any 
petitioners are found to be not currently licensed and this 
finding decreases the number of jjetitioners to less than 
ten, the petition shall be declared invalid. 

(c) On a form provided by the Board, each nominee 



shall indicate the category for which nominee is seeking 
election, shall attest to meeting the qualifications speci- 
fied in G.S. 90-171. 21(d) and shall provide written 
permission to be listed on the ballot. The form must be 
rotumod postmarked on or before April 15. 

(d) The majority of employment income of registered 
nurse members of the Board, must be earned by holding 
positions ef with primary responsibility responsibilities 
in nursing education or in nursing practice which 
includes administration, supervision, planning, delivery 
or evaluation of nursing care as specified in G.S. 
90- 17 1.2 1(d). The following definitions apply in 
determining qualifications for registered nurse categories 
of membership: 

(1) Nurse Educator includes any nurse who 
teaches in or directs a basic or graduate 
nursing program; or who teaches in or di- 
rects a continuing education or staff develop- 
ment program for nurses. At least two nurse 
educators shall represent basic nursing pro- 
grams. 

(2) Hospital is defined as any facility which has 
an organized medical staff and which is 
designed, used, and primarily operated to 
provide health care, diagnostic and therapeu- 
tic services, and continuous nursing to inpa- 
tients. 

(3) Hospital Nursing Service Director is any 
nurse who is the chief executive officer for 
nursing service. 

(4) Employed by a hospital includes any nurse 
employed by a hospital. 

(5) Employed by a physician includes any nurse 
employed by physician or group of physi- 
cians licensed to practice medicine in North 
Carolina and engaged in private practice. 

(6) Employed by skilled or intermediate care 
facility includes any nurse employed by a 
long term nursing facility. 

(7) Registered nurse approved to perform medi- 
cal acts includes any nurse approved for 
practice in North Carolina as a Nurse Practi- 
tioner or Certified Nurse Midwife. 

(8) Community health nurse includes any nurse 
who fijnctions as a generalist or specialist in 
areas including, but not limited to, public 
health, student health, occupational health or 
community mental health. 

(e) The term "nursing practice" when used in deter- 
mining qualifications for registered or practical nurse 
categories of membership, means any position for which 
the holder of the position is required to hold a current 
license to practice nursing. 

(f) A nominee shall be listed in only one category on 
the ballot. 

(g) If there is no nomination in one of the registered 
nurse categories, all registered nurses who have been 



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September I, 1995 



909 



PROPOSED RULES 



duly nominated and qualified shall be eligible for an 
at-large registered nurse position. A plurality of votes 
for the registered nurse not elected to one of the speci- 
fied categories shall elect that registered nurse to the 
at-large position. 

(li) Separate ballots shall be prepared for election of 
registered nurse nominees and for election of licensed 
practical nurse nominees. Nominees shall be listed in 
random order on the ballot for licensed practical nurse 
nominees and within the categories for registered nurse 
nominees. Ballots shall be accompanied by biographical 
data on nominees and a passport-type photograph. 
Ballots shall prescribe the method of voting. 

(i) Any nominee may withdraw her/his name at any 
time by written notice prior to the date and hour fixed by 
the Board as the latest time for return for ballots. Such 
nominee shall be eliminated from the contest and any 
votes cast for that nominee shall be disregarded. 

(j) On or about June 15, the appropriate ballot and a 
return official envelope shall be mailed to the address on 
record for each currently licensed nurse on that date, 
together with a notice designating the latest day and hour 
for return of ballot which shall not be earlier than the 
tenth day following the mailing. 

(k) The Board of Nursing may contract with a com- 
puter or other service for receipt of envelopes with 
ballots and the counting of ballots. 

(1) The counting of ballots shall be conducted as 
follows: 

(1) The certificate number and name of the voter 
shall be entered on the perforated section of 
the ballot sheet. 

(2) The certificate number and name of the voter 
shall be matched with the registration list. In 
the event that there is not a match, the entire 
ballot sheet shall be set aside for inspection, 
validation, or invalidation by the Board of 
Nursing. 

(3) Those ballots which are not set aside shall 
have the jDerforated section completely sepa- 
rated from the ballot portion of the sheet. 

(4) Only official ballots shall be counted. 

(5) A ballot marked for more names than there 
are positions to be filled shall not be counted 
for that category but shall be counted for all 
other categories voted correctly. 

(6) If for any reason it is impossible to deter- 
mine a voter's choice for a category of 
nurse, that ballot shall not be counted for 
that category, but shall be counted for all 
other categories clearly indicated. 

(7) Ballots identified in Subparagraphs (2), (5), 
and (6) of this Paragraph shall be set aside 
for inspection and determination by the 
Board of Nursing. 

(m) A plurality vote shall elect. If more than one 
person is to be elected in a category, the plurality vote 



shall be in descending order until the required number 
has been elected. In any election, if there is a tie vote 
between nominees, the tie shall be resolved by a draw 
from the names of nominees who have tied. 

(n) The results of an election shall be recorded in the 
minutes of the next regular meeting of the Board of 
Nursing following the election and shall include at least 
the following: 

(1) the number of nurses eligible to vote, 

(2) the numh)er of return ballots set aside and the 
disposition of same, 

(3) the number of ballots cast, 

(4) the number of ballots declared invalid, and 

(5) the number of votes cast for each pierson on 
the ballot. 

(o) The results of the election shall be forwarded to 
the Governor and the Governor shall commission those 
elected to the Board of Nursing. 

(p) All jjetitions to nominate a nurse, signed consents 
to appear on the ballot, verifications of qualifications, 
perforated sections of the ballot sheets containing the 
certificate number and name of the voter, and the ballots 
shall be preserved for a period of three months following 
the close of an election. 

Statutory Authority G.S. 90-171.21; 90-17 1.23(b). 

SECTION .0200 - LICENSURE 

.0202 INACTIVE STATUS 

(a) A registrant who holds a current license and who 
desires to discontinue the practice of nursing in North 
Carolina may request inactive status. While remaining 
on inactive status, the registrant may not practice nursing 
in North Carolina and is not subject to payment of the 
license renewal fee. 

(b) A registrant whose license status is inactive and 
who desires to resume the practice of nursing in North 
Carolina must be removed from inactive status and must 
obtain a current hcense. To this end the registrant will: 

(1) furnish information required on forms pro- 
vided by the Board; aad 

(2) submit evidence of unencumbered license in 
all jurisdictions in which a license is or has 
ever been held; 

(3) submit evidence of completion of all court 
conditions resulting from any misdemeanor 
or felony conviction(s); 

{4} submit such other evidence that the Board 
may require to determine whether the license 
should be reactivated; and 

(5) (5) submit the current fee for renewal. 

(c) The registrant whose license has been inactive for 
a period of five years or more will also submit: 

(1) evidence of mental and physical health neces- 
sary to competently practice nursing; 

(2) evidence of competency to resume the prac- 



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September I, 1995 



10:11 



PROPOSED RULES 



tice of nursing through: 

(A) satisfactory completion of a 
Board-approved course; or 

(B) an active license in another jurisdiction 
within the last five years; and 

(3) a recent photograph for identification pur- 
poses, if deemed necessary. 

(d) If a refresher course is required, the registrant 
must apply for reactivation of the Ucense within one year 
of completing the refresher course in order to receive a 
current license. The application for reactivation must 
include verification from the provider of the refresher 
course that the registrant has satisfactorily met both 
theory and clLnical objectives and is deemed competent 
to practice nursing at the appropriate level of licensure. 

(e) The Board may decline to reactivate a license if it 
is not satisfied as to the applicant's ability to practice 
nursing or it may ioou e a lioeno e for a rootrioted p e riod 
of tim e. 

Statutory Authority G.S. 90-171. 23(b); 90-171.36; 
90-171.37. 

.0203 REINSTATEMENT OF LAPSED LICENSE 

(a) The registrant whose license has lapsed and who 
desires reinstatement of that license will: 

(1) furnish information required on forms pro- 
vided by the Board; 

(3) provide a statomont of the reason for failure 

to apply for ren e wal prior to the deadline; 

(2) (^ submit evidence of unencumbered li- 
cense in all jurisdictions in which a license is 
or has ever been held; 

(3) f4) submit evidence of completion of all 
court conditions resulting from any misde- 
meanor or felony conviction(s); 

(4) (5) submit such other evidence that the 
Board may require to determine whether the 
license should be reinstated; asd 

(5) provide a statement of the reason for failure 
to a pply for renewal prior to the deadline: 
and 

(6) submit payment of reinstatement and renewal 
fee. 

(b) The registrant whose license has lapsed for a 
period of five years or more will also submit: 

(1) evidence of mental and physical health neces- 
sary to competently practice nursing; 

(2) evidence of satisfactory completion of a 
Board-approved refresher course or proof of 
active licensure within the past five years in 
another jurisdiction; and 

(3) a recent photograph for identification pur- 
poses, if deemed necessary. 

(c) If a refresher course is required, the registrant 
must apply for reinstatement of the license within one 
year of completing the refresher course in order to 



receive a current license. The application for reinstate- 
ment must Include verification from the provider of the 
refresher course that the registrant has satisfactorily met 
both theory and clLnical objectives and is deemed 
competent to practice nursing at the appropriate level of 
licensure. 

(d) The Board may decline to reinstate a license if it 
is not satisfied as to the applicant's ability to practice 
nursing or it may iasuo a liconso for a roatrictod poriod 
of tim e. 

Statutory Authority G.S. 90-171. 23(b); 90-171.35; 
90-171.37. 

.0209 DUPLICATE CERTIFICATE 

(a) A duplicate certificate, so stamped, may be issued 
in the event of loss of the original certificate upon 
oubmiooion receipt of a written, signed request which 
provides: and upon r e c e ipt of notariz e d v e rifioation of: 

(1) identifying data, including certificate number 
and social security number; 

(2) o e rtifioation of statement of circumstances 
surrounding loss; and 

(3) payment of a duplication fee. 

(b) In the event that the original certificate never 
reached the registrant, a duplicate is furnished without 
fee up>on receipt of a notarized statement to that effect. 

Statutory Authority G.S. 90-171. 23(b)(3); 90-171. 27(b). 

.0211 LICENSURE BY EXAMINATION 

(a) An applicant meets the educational qualifications 
to take the examination for licensure to practice as a 
registered nurse by: 

(1) graduating from a Board approved nursing 
program designed to prepare a person for 
registered nurse licensure; 

(2) graduating from a nursing program outside 
the United States or Canada that is designed 
to provide graduates with comparable prepa- 
ration for licensure as a registered nurse, and 
submitting the certificate issued by the Com- 
mission on Graduates of Foreign Nursing 
Schools as evidence of the required educa- 
tional qualifications. 

(b) An applicant meets the educational qualifications 
to take the examination for licensure to practice as a 
licensed practical nurse by: 

(1) graduating from a Board approved nursing 
program designed to prepare a person for 
practical nurse licensure; 

(2) graduating from a nursing program outside 
the United States or Canada that is designed 
to provide graduates with comparable prepa- 
ration for licensure as a licensed practical 
nurse, and submitting evidence from an 
evaluation agency of the required educational 



10:11 



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September 1, 1995 



911 



PROPOSED RULES 



qualifications and evidence of English profi- 
ciency. The evaluation agency(s) for educa- 
tional qualifications shall be selected from a 
list of evaluation agencies published by the 
National Council of State Boards of Nursing, 
Inc., which is hereby incorporated by refer- 
ence, including subsequent amendments of 
the referenced materials. The list of such 
agencies is available, at no cost, from the 
North Carolina Board of Nursing. The 
evidence of English proficiency shall be 
passing the Test of English as a Foreign 
Language with a score of at least 550; 

(3) graduating from a Board approved nursing 
program designed to prepare graduates for 
registered nurse licensure, and failing to pass 
the examination for registered nurse licen- 
sure; or 

(4) graduating from a nursing program outside 
the United States and Canada that is designed 
to prepare graduates for registered nurse 
licensure, submitting evidence of English 
proficiency, by passing Test of English as a 
Foreign Language with a score of at least 
550 or passing the English f>ortion of the 
examination administered by the Commission 
on Graduates of Foreign Nursing Schools; 
and failing to pass the examination for regis- 
tered nurse licensure in any jurisdiction, ef 

{#) completing a Board approv e d oouro e of otudy 

ouch as off e rod by the militar>' o e p i 'io e o 
branches for Hospital Corpsmon. — The Board 
approvod course of study shall includo: 
(A^ — a militar)' oep i 'io e branch basic hospital 

oorpBman oouro e ; 
(B) — ads'oncod training in clinical nursing prao 

{G) — a coll e g e l e v e l human lif e span growth and 

d e v e lopm e nt oouro e ; and 
(B) — ft — nursing — course — that — includes — mater 

nal child nursing theory' and clinical, the 

l e gal rol e of th e LPN, th e nursing prooooo 

and nutrition. 

(c) An application shall be submitted to the Board of 
Nursing and a registration form to the testing service. 
The applicant must meet all requirements of the National 
Council of State Boards of Nursing, Inc. 

(d) The initial application shall be held active until the 
applicant passes the examination or one year, whichever 
occurs first. The time begins on the date the applicant 
is determined to be eligible for the licensure examina- 
tion. The Authorization to Test document issued by the 
testing service shall be valid until the applicant takes the 
examination or 180 days, whichever occurs first. The 
applicant must submit a fee to re-establish eligibility for 
an expired Authorization to Test document. 

(e) Tlie examinations for licensure developed by the 



National Council of State Boards of Nursing, Inc. shall 
be the examinations for licensure as a registered nurse or 
as a licensed practical nurse in North Carolina. 

(1) These examinations shall be administered in 
accordance with the contract between the 
Board of Nursing and the National Council 
of State Boards of Nursing, Inc. 

(2) The examinations for licessure shall be 
administered at least twice a year. 

(3) Results for the examination shall be reported, 
by mail only, to the individual applicant and 
to the director of the program from which 
the applicant was graduated. Aggregate 
results from the exarmnation(s) may be 
published by the Board. 

(4) Tte passing standard score for each of the 
five tests comprising the examination for 
registered nurse licensure, up to and includ- 
ing the February 1982 examination was 350. 
For the examination offered in July 1982 and 
through July 1988, the passing score was 
1600. Beginning February 1989, the results 
for registered nurse licensure is reported as 
"PASS" or "FAIL". 

(5) The passing score for the examination for 
practical nurse licensure, up to and including 
the April 1988 was 350. Beginning October 
1988, the results for practical nurse licensure 
is reported as "PASS" or "FAIL". 

(f) Applicants who meet the qualifications for licen- 
sure by examination shall be issued a certificate of 
registration and a license to practice nursing for the 
remainder of the biennial period. The qualifications 
include; 

a "PASS" result on the licensure examina- 

tion; 



in 



evidence of unencumbered license in all 
jurisdictions in which a license is or has ever 
been held; 

(3) evidence of completion of all court condi- 
tions resulting from any misdemeanor or 
felony conviction(s); and 

(4) such other evidence that the Board may 
require to determine whether the license 
should be issued. 

(g) Applicants for a North Carolina license may take 
the examination for licensure developed by the National 
Council of State Boards of Nursing, Inc. in any member 
jurisdiction of the Council. 

Statutory Authority G.S. 90-171.23(15); 90-171.29; 
90-171.30. 

.0216 CENSUS OF NURSING PERSONNEL 

Hoopitalo and other health cor e ag e noi eo shall furnish 
annually, on forms satisfactory' to the Board, the name 
and certificate and renewal number of 



912 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



PROPOSED RULES 



(a) Employers shall maintain a current list of persons 
employed for the practice of nursing as of January \ of 
each year which provides the following: 

(1) name; 

(2) level of licensure; 

(3) certificate number; and 

(4) expiration date of license. 

(b) Upon request of the Board, this list will be 
submitted for review. 

Employooo found to b e not lioonood, and thoir employ 
ore. ar e notifi e d by th e Board of r e quir e m e nts of the law 
and appropriate follow up is made. 

At intorv'alo gpocifiod by the Board, agoncios aro 
required to File tho sam e information on n e w p e rsons 
employ e d for the pmotio e of nursing oinoe th e pr e c e ding 
census report. 



Statutory Authority 
90-171. 44(3)(5). 



.0217 



G.S. 90-171. 23(b); 90-171.43; 



(2} 



m 



REVOCATION, SUSPENSION, OR 
DENIAL OF LICENSE 

(a) The definitions contained in G.S. 90-171.20 and 
G.S. 150B-2(01), (2), (2b), (3), (4), (5), (8), (8a), (8b), 
(9) are adopted by reference within this Rule according 
to G.S. 150B-14(c). In addition, the following defini- 
tions apply: 

(1) "Investigation" means a careful and detailed 
exploration of the events and circumstances 
related to reported information in ^ effort to 
determine if there is a violation of any provi- 
sions of this Act or any rule promulgated by 
the Board. 

f4^ "Administrative Law Counsel" means an 
attorney whom the Board of Nursing has 
retained to serve as procedural officer for 
contested cases. 

(3) "Prosecuting Attorney" means the attor- 
ney retained by the Board of Nursing to 
prepare and prosecute contested cases. 

(b) A nursing license which has been forfeited under 
G.S. 15A-1331A may not be reinstated until the licensee 
has successftilly complied with the court's requirements, 
has petitioned the Board for reinstatement, has appeared 
before the Licensure Committee, and has had reinstate- 
ment approved. The license may initially be reinstated 
with restrictions. 

(c) Behaviors and activities which may result in 
disciplinary action by the Board include, but are not 
limited to, the following: 

(1) drug or alcohol abuse; 
violence-related crime; 
illegally obtaining, possessing or distributing 
drugs or alcohol for personal or other use, or 
other violations of G.S. 90-86 to 90-113.8; 
evidence of any crime which undermines the 
public trust; 



(2) 
(3) 



(4) 



(5) failure to make available to another health 
care professional any client information 
crucial to the safety of the client's health 
care; 

(6) delegating responsibilities to a person when 
the licensee delegating knows or has reason 
to know that the competency of that person 
is impaired by physical or psychological 
ailments, or by alcohol or other pharmaco- 
logical agents, prescribed or not; 

(7) practicing or offering to practice beyond the 
scope permitted by law; 

(8) accepting and performing professional re- 
sponsibilities which the licensee knows or 
has reason to know that he or she is not 
competent to perform; 

(9) performing, without adequate supervision, 
professional services which the licensee is 
authorized to perform only under the super- 
vision of a licensed professional, except in an 
emergency situation where a person's life or 
health is in danger; 

(10) abandoning or neglecting a client who is in 
need of nursing care, without making reason- 
able arrangements for the continuing of such 
care; 

(11) harassing, abusing, or intimidating a client 
either physically or verbally; 

(12) failure to maintain an accurate record for 
each client which records all pertinent health 
care information as defined in Rule 
.0224(f)(2) or .0225(0(2); 

(13) failure to exercise supervision over persons 
who are authorized to practice only under the 
supervision of the licensed professional; 

(14) exercising undue influence on the client, 
including the promotion of the sale of ser- 
vices, appliance, or drugs for the financial 
gain of the practitioner or of a third party; 

(15) directly or indirectly offering, giving, solicit- 
ing, or receiving or agreeing to receive, any 
fee or other consideration to or from a third 
party for the referral of a client, or other 
violations of G.S. 90-401; 

(16) failure to file a report, or filing a false re- 
port, required by law or by the Board, or 
impeding or obstructing such filing or induc- 
ing another person to do so; 

(17) revealing identifiable data, or information 
obtained in a professional capacity, without 
prior consent of the client, except as autho- 
rized or required by law; 

(18) guaranteeing that a cure will result from the 
performance of professional services; 

(19) altering a license by changing the expiration 
date, certification number, or any other 
information appearing on the license; 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



913 



PROPOSED RULES 



(20) using a license which has been altered; 

(21) permitting or allowing another person to use 
his or her Ucense for the purpose of nursing; 

(22) delegating professional responsibilities to a 
person when the licensee delegating such 
responsibilities knows or has reason to know 
that such a person is not qualified by train- 
ing, by experience, or by licensure; 

(23) violating any term of probation, condition, or 
limitation imposed on the licensee by the 
Board; 

(24) accepting responsibility for client care while 
impaired by alcohol or other pharmacological 
agents; or 

(25) falsifying a client's record or the controlled 
substance records of the agency. 

(26) inappropriately kissing, fondling, touching or 
engaging in any other activities of a sexual 
nature with a client while responsible for the 
care of the individual. 

(d) When a person licensed to practice nursing as a 
licensed practical nurse or as a registered nurse is also 
Ucensed in another jurisdiction and that other jurisdiction 
takes disciplinary action against the licensee, the North 
Carolina Board of Nursing may summarily impose the 
same or lesser disciplinary action upon receipt of the 
other jurisdiction's action. The licensee may request a 
hearing. At the hearing the issues will be limited to: 

(1) whether the person against whom action was 
taken by the other jurisdiction and the North 
Carolina licensee are the same person; 

(2) whether the conduct found by the other 
jurisdiction also violates the North Carolina 
Nursing Practice Act; and 

(3) whether the sanction imposed by the other 
jurisdiction is lawful under North Carolina 
law. 

(e) Before the North Carolina Board of Nursing makes 
a final decision in any contested case, the person, 
applicant or licensee affected by such decision will be 
afforded an administrative hearing pursuant to the 
provisions of Article 3 A, Chapter 150B of the North 
Carolina General Statutes. 

(1) The paragraphs contained In this Rule shall 
apply to conduct of all contested cases heard 
before or for the North Carolina Board of 
Nursing. 

(2) The following general statutes, rules, and 
procedures apply and are adopted by refer- 
ence within this Rule according to G.S. 
1 SOB- 14(c), unless another specific statute or 
Rule of the North Carolina Board of Nursing 
provides otherwise: Rules of Civil Proce- 
dure as contained in G.S. lA-1 and Rules of 
Evidence pursuant to G.S. Chapter 8C; G.S. 
90-86 through 90-113.8; 21 NCAC 36 
.0224-.0225; Article 3A, Chapter 150B; and 



Rule 6 of the General Rules of Practice for 
Superior and District Court. 
(3) Every document filed with the Board of 
Nursing shall be signed by the person, appli- 
cant, licensee, or his attorney who prepares 
the document and shall contain his name, 
title/position, address, and telephone number. 
If the individual involved is a licensed nurse 
the nursing license certificate number shall 
appear on all correspondence with the Board 
of Nursing. 
(0 In accordance with G.S. 150B-3(c) a license may 
be summarily suspended if the public health, safety, or 
welfare requires emergency action. TTiis determination 
is delegated to the Chairman or Executive Director of 
the Board pursuant to G.S. 90-17 1.23(b)(3). Such a 
finding shall be incorporated with the order of the Board 
of Nursing and the order shall be effective on the date 
specified in the order or on service of the certified copy 
of the order at the last known address of the licensee, 
whichever is later, and continues to be effective during 
the proceedings. Failure to receive the order because of 
refusal of service or unknown address does not Invalidate 
the order. Proceedings shall be commenced In a timely 
manner. 

(g) The Board, through its staff, shall issue a Letter of 
Charges only upon completion of an investigation, by the 
Discipline Consultant or other authorized Board staff, of 
a written or verbal complaint and review with legal 
counsel or prosecuting attorney or Executive Director. 

(1) Subsequent to an investigation and validation 
of a complaint, a Letter of Charges will be 
sent on behalf of the Board of Nursing to the 
Ucensee who is the subject of the complaint. 

(A) TTie Letter of Charges shall be served In 
accordance with G.S. lA-1, Rule 4, Rules 
of Civil Procedure. 

(B) The Letter of Charges serves as the 
Board's formal notification to the licensee 
that an allegation of possible violation(s) of 
the Nursing Practice Act has been Initiated. 

(C) The Letter of Charges does not In and of 
itself constitute a contested case. 

(2) The Letter of Charges shall Include the 
following: 

(A) a short and plain statement of the factual 
allegations; 

(B) a citation of the relevant sections of the 
statutes and/or rules involved; 

(C) notification that a settlement conference 
will be scheduled upon request; 

(D) explanation of the procedure used to gov- 
ern the settlement conference. 

(E) notification that if a settlement conference 
is not requested, or if held, does not result 
in resolution of the case, an administrative 
hearing will be scheduled; and 



914 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



PROPOSED RULES 



(F) if applicable, and in accordance with 
Board-adopted policy, an offer of voluntary 
surrender or reprimand also may be in- 
cluded in specified types of alleged viola- 
tions of the Nursing Practice Act. 
(3) A case becomes a contested case after the 
licensee, person, or applicant disputes the 
allegations contained in the Letter of 
Charges, requests an administrative hearing, 
or refuses to accept a settlement offer ex- 
tended by the Board of Nursing, 
(h) No Board member shall discuss with any party the 
merits of any case pending before the Board of Nursing. 
Any Board member who has direct knowledge about a 
case prior to the commencement of the proceeding shall 
disqualify himself from any participation with the 
majority of the Board of Nursing hearing the case. 

(i) A settlement conference, if requested by the 
licensee, is held for the purpose of attempting to resolve 
a dispute through informal procedures prior to the 
commencement of formal administrative proceedings. 

(1) The conference shall be held in the offices of 
the Board of Nursing, unless another site is 
designated by mutual agreement of all in- 
volved parties. 

(2) All parties shall attend or be represented at 
the settlement conference. The parties will 
be prepared to discuss the alleged violations 
and the incidents on which these are based. 

(3) Prior to the commencement of the settlement 
conference, a form shall be signed by the 
licensee which invalidates all previous offers 
made to the licensee by the Board. 

(4) At the conclusion of the day during which 
the settlement conference is held, a form 
must be signed by all parties which indicates 
whether the settlement offer is accepted or 
rejected. Subsequent to this decision: 

(A) if a settlement is reached, the Board of 
Nursing will forward a written settlement 
agreement containing all conditions of the 
settlement to the other party(ies); or 

(B) if a settlement cannot be reached, the case 
will proceed to a formal administrative 
hearing. 

(j) Disposition may be made of any contested case or 
an issue in a contested case by stipulation, agreement, or 
consent order at any time prior to or during the hearing 
of a contested case. 

(k) The Board of Nursing shall give the parties in a 
contested case a Notice of Hearing not less than 15 
calendar days before the hearing. The Notice shall be 
given in accordance with G.S. lA-1, Rule 4, Rules of 
Civil Procedure. The notice shall include: 

(1) Acknowledgment of service, or attempted 
service, of the Letter of Charges in compli- 
ance with Paragraph (f) of this Rule; 



(2) Date, time, and place of the hearing; 

(3) Notification of the right of a party to repre- 
sent himself or to be represented by an 
attorney; 

(4) A statement that, pursuant to Paragraph (m) 
of this Rule, sub]X)enas may be requested by 
the licensee to compel the attendance of 
witnesses or the production of documents; 

(5) A statement advising the licensee that a 
notice of representation, containing the name 
of licensee's counsel, if any, should be filed 
with the Board of Nursing not less than 10 
calendar days prior to the scheduled date of 
the hearing; 

(6) A statement advising the licensee that a list 
of all witnesses for the licensee should be 
filed with the Board of Nursing not less than 
10 calendar days prior to the scheduled date 
of the hearing; and 

(7) A statement advising the licensee that failure 
to appear at the hearing may result in the 
allegations of the Letter of Charges being 
taken as true and that the Board may proceed 
on that assumption. 

0) Prehearing conferences may be held to simplify the 
issues to be determined, to obtain stipulations in regards 
to testimony or exhibits, to obtain stipulations of agree- 
ment on nondisputed facts or the application of particular 
laws, to consider the prop)osed witnesses for each party, 
to identify and exchange documentary evidence intended 
to be introduced at the hearing, and to consider such 
other matters that may be necessary or advisable for the 
efficient and expeditious conduct of the hearing. 

(1) The prehearing conference will be conducted 
in the offices of the Board of Nursing, unless 
another site is designated by mutual agree- 
ment of all parties. 

(2) The prehearing conference shall be an infor- 
mal proceeding and shall be conducted by a 
Board-designated administrative law counsel. 

(3) All agreements, stipulations, amendments, or 
other matters resulting from the prehearing 
conference shall be in writing, signed by all 
parties, and introduced into the record at the 
beginning of the formal administrative hear- 
ing. 

(m) Pre-hearing conferences or administrative hearings 
conducted before a majority of Board members shall be 
held in Wake County or, by mutual consent in another 
location when a majority of the Board has convened in 
that location for the purpose of conducting business. For 
those proceedings conducted by an Administrative Law 
Judge the venue will be determined in accordance with 
G.S. 150B-38(e). All hearings conducted by the Board 
of Nursing shall be ojjen to the public. 

(n) The Board of Nursing, through its Executive 
Director, may issue subpwenas for the Board or a 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



915 



PROPOSED RULES 



licensee, in preparation for, or in the conduct of, a 
contested case. 

(1) Subpoenas may be issued for the appearance 
of witnesses or the production of documents 
or information, either at the hearing or for 
the purposes of discovery. 

(2) Requests by a licensee for subpoenas shall be 
made in writing to the Executive Director 
and shall include the following: 

(A) the full name and home or business address 
of all persons to be subpoenaed; and 

(B) the identification, with specificity, of any 
documents or information being sought. 

(3) Subpoenas shall include the date, time, and 
place of the hearing and the name and ad- 
dress of the party requesting the subpoena. 
In the case of subpoenas for the purpose of 
discovery, the subpoena shall include the 
date, time, and place for responding to the 
subpoena. 

(4) Subpoenas shall be served as provided by the 
Rules of Civil Procedure, G.S. lA-1. The 
cost of service, fees, and expenses of any 
witnesses or documents subpoenaed shall be 
paid by the party requesting the witnesses. 

(o) All motions related to a contested case, except 
motions for continuance and those made during the 
hearing, shall be in writing and submitted to the Board 
of Nursing at least 10 calendar days before the hearing. 
Prehearing motions will be heard at a prehearing confer- 
ence or at the contested case hearing prior to the com- 
mencement of testimony. The designated administrative 
law counsel will hear the motions and the response from 
the non-moving party pursuant to Rule 6 of the General 
Rules of Practice for the Superior and District Courts 
and rule on such motions. If the pre-hearing motions 
are heard by an Administrative Law Judge from Office 
of Administrative Hearings the provisions of G.S. 
150B-40(e) shall govern the proceedings. 

(p) Motions for a continuance of a hearing may be 
granted upon a showing of good cause. Motions for a 
continuance must be in writing and received in the office 
of the Board of Nursing no less than seven calendar days 
before the hearing date. In determining whether good 
cause exists, consideration will be given to the ability of 
the party requesting a continuance to proceed effectively 
without a continuance. A motion for a continuance filed 
less than seven calendar days from the date of the 
hearing shall be denied unless the reason for the motion 
could not have been ascertained earlier. Motions for 
continuance filed prior to the date of the hearing shall be 
ruled on by Disciplinary Consultant or Executive Direc- 
tor of the Board. All other motions for continuance will 
be ruled on by the majority of the Board members or 
Administrative Law Judge sitting at hearing. 

(q) All hearings by the Board of Nursing will be 
conducted by a majority of members of the Board of 



Nursing, except as provided in Subparagraph (1) of this 
Paragraph. The Board of Nursing shall designate one of 
its members to preside at the hearing. The Board of 
Nursing shall designate an administrative law counsel as 
procedural officer to conduct the proceedings of the 
hearing. The seated members of the Board of Nursing 
shall hear all evidence, make findings of fact and 
conclusions of law, and issue an order reflecting a 
majority decision of the Board. 

(1) When a majority of the members of the 
Board of Nursing is unable or elects not to 
hear a contested case, the Board of Nursing 
shall request the designation of an adminis- 
trative law judge from the Office of Admin- 
istrative Hearings to preside at the hearing. 
The provisions of Article 3A, Chapter 150B 
and 21 NCAC 36 .0217 shall govern a con- 
tested case in which an administrative law 
judge is designated as the Hearing Officer. 

(2) In the event that any party or attorney or 
other representative of a party engages in 
conduct which obstructs the proceedings or 
would constitute contempt if done in the 
General Court of Justice, the Board may 
apply to the applicable superior court for an 
order to show cause why the person(s) 
should not be held in contempt of the Board 
and its processes. 

(3) Ehiring a hearing, if it appears in the interest 
of justice that further testimony should be 
received and sufficient time does not remain 
to conclude the testimony, the Board of 
Nursing may continue the hearing to a future 
date to allow for the additional testimony to 
be taken by deposition or to be presented 
orally. In such sitviations and to such extent 
as possible, the seated members of the Board 
of Nursing and the designated administrative 
law counsel shall receive the additional 
testimony. In the event that new members of 
the Board or a different administrative law 
counsel must participate, a copy of the tran- 
script of the hearing will be provided to them 
prior to the receipt of the additional testi- 
mony. 

(r) All parties have the right to present evidence, 
rebuttal testimony, and argument with respect to the 
issues of law, and to cross-examine witnesses. The 
North Carolina Rules of Evidence in G.S. Chapter 8C 
shall apply to contested case proceedings, except as 
provided otherwise in this Rule and G.S. 150B-41. 

(1) Sworn affidavits may be introduced by mu- 
tual agreement from all parties. 

(2) All oral testimony shall be under oath or 
affirmation and shall be recorded. Unless 
otherwise stipulated by all parties, witnesses 
are excluded from the hearing room until 



916 



NORTH CAROLINA REGISTER 



September I, 1995 



10:11 



PROPOSED RULES 



^ 



\ 



I 



such time that they have completed their 

testimony and have been released. 

(s) Any form or Board-approved policy or procedure 

referenced in this Rule, or any rules applicable to a case, 

are available upon request from the Board of Nursing 

and will be supplied at a reasonable cost. 

Statutory Authority G.S. 90-171. 23(b)(3)(7); 90-171.37; 
90-171.47; 150B-3(c); 150B-11; 150B-14; 1503-38 
through 150B-42. 

.0218 LICENSURE WITHOUT EXAMINATION 
(BY ENDORSEMENT) 

(a) The Board shall provide an application form which 
the apphcant who wishes to apply for licensure without 
examination (by endorsement) must complete in its 
entirety. 

(1) The applicant for licensure by endorsement 
as a registered nurse shall show evidence of: 

(A) completion of a nursing program designed 
to prepare a person for registered nurse 
licensure which was approved by the juris- 
diction of original licensure; 

(B) attainment of a standard score equal to or 
exceeding 350 on each test in the State 
Board Test Pool Examination administered 
prior to July 1982; or a standard score of 
1600 on the licensing examination devel- 
oped by the National Council of State 
Boards of Nursing, Inc. beginning In July 
1982 and up to and including the July 
1988 examination; or beginning in Febru- 
ary 1989, a result of "PASS". An excep- 
tion to this requirement is made for the 
applicant who was registered in the original 
state prior to April 1964. Such applicant 
must have attained the score, on each test 
in the series, which was required by the 
state issuing the original certificate of 
registration; 

(C) mental and physical health necessary to 
competently practice nursing; 

(D) unencumbered license in all jurisdictions in 
which a license is or has ever been held; if 
the license in the other jurisdiction has 
been inactive or lapsed for five or more 
years, the applicant will be subject to 
requirements for a refresher course as 
indicated in G.S. 90-171.35 and 90-171.36; 
and 

(E) completion of all court conditions resulting 
from any misdemeanor or felony convic- 
tion(s). 

(2) The applicant for licensure by endorsement 
as a licensed practical nurse shall show 
evidence of: 

(A) completion of: 



(i) a program in practical nursing ap- 
proved by the jurisdiction of original 
licensure; or 
(ii) course(s) of study within an approved 
program(s) which is(are) comparable to 
that required of practical nurse gradu- 
ates In North Carolina; or 
(iii) approved course of study for military 
hospital corpsman which is(are) compa- 
rable to that required of practical nurse 
graduates In North Carolina. 
The applicant who was graduated prior to 
July 1956 shall be considered on an individ- 
ual basis in Ught of Ucensure requirements in 
North Carolina at the time of original licen- 
sure; 

(B) achievement of a passing score on the State 
Board Test Pool Examination or the licens- 
ing examination developed by the National 
Council of State Boards of Nursing, Inc. 
If originally licensed on or after September 
1, 1957, and up to and including the April 
1988 examination, an applicant for a North 
Carolina Ucense as a practical nurse on the 
basis of examination in another state must 
have attained a standard score equal to or 
exceeding 350 on the licensure examina- 
tion. Beginning in October 1988, an appli- 
cant must have received a result of "PASS" 
on the licensure examination. The appli- 
cant who was licensed prior to September 
1, 1957 must have attained the score which 
was required by the jurisdiction issuing the 
original certificate of registration; 

(C) mental and physical health necessary to 
competently practice nursing; 

(D) unencumbered license in all jurisdictions in 
which a Ucense is or has ever been held; if 
the license in the other jurisdiction has 
been inactive or lapsed for five or more 
years, the applicant shall be subject to 
requirements for a refresher course as 
indicated in G.S. 90-171.35 and 90-171.36; 
and 

(E) completion of all court conditions resulting 
from any misdemeanor or felony convic- 
tion(s). 

(b) The North Carolina Board of Nuraing shall require 
appliconta for liconsuro by ondorsomont to provide proof 
of o a oondar>' a duoation achi e v e m e nt only if deomod 
noooooary for id e ntifioation. 

(b) (c) Gmduatoe of Canadian nursing programs who 
have boon A nurse educated and licensed in Canada is 
eligible for North Carolina licensure on th e basic of the 
Canadian Nurooo' Aoeooiation T e at S e rvic e Examination 
(CNATS) written in tho English languago are eligible to 
apply for regi s tration by endorsement if the nurse has: 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



917 



PROPOSED RULES 



providod the applicant has not failed tho oxamination 
dov e lopod by the National Counoil of Stat e Boardo of 
Nursing, Ino. 

(1) proof of education in a Canadian School of 
Nursing; 

(2) proof of passing the Canadian Nurses Asso- 
ciation Test Service Examination (CNATS) 
written in the English language. An excep- 
tion to this requirement is made for the 
applicant who was registered by Canadian 
province examination written in the English 
language prior to CNATS or SBTPE. and 
has worked in nursing within the past five 
years or has completed a Board approved 
refresher course; 

(3) not failed the examination developed by the 
National Council of State Boards of Nursing. 
Inc.; 

mental and physical health necessary to 
competently practice nursing; 
unencumbered license in all jurisdictions 
which a license is or has ever been held; and 



(4} 
(5} 
(6) 



completed all court conditions resulting from 
any misdemeanor or felony conviction(s). 

(c) (d) A nurse educated and licensed outside the 
United States and who does not qualify under Paragraph 
£b} of this Rule is eligible for North Carolina licensure 
by endorsement if the nurse has: 

(1) proof of education as required by the Board 
or a certificate issued by the Commission on 
Graduates of Foreign Nursing Schools; afid 

(2) proof of pwssing passed the licensing exami- 
nation developed by the National Council of 
State Boards of Nursing, Inc. in another 
jurisdiction; j\n oxo e ption to this r e quir e 
mont is mado for tho applicant who was 
rogistorod by Canadian province oxamination 
writt e n in the Englioh languag e prior to 
CNATS or SBTPE, and has work e d in nurs 
ing within tho past five years or has com 
plotod a Board approved refresher course. 

(3) mental and physical health necessary to 
competently practice nursing; 

(4) unencumbered license in all jurisdictions in 
which a license is or has ever been held; and 

(5) completed all court conditions resulting from 
any misdemeanor or felony conviction(s). 

(d) fe) When completed application, evidence of 
current license in another jurisdiction, and fee are 
received in the Board office, a temporary license may be 
issued to the applicant. Employer references may be 
requested to validate competent behavior to practice 
nursing. 

(e) (f) Facts provided by the applicant and the Board 
of Nursing of original licensure are compared to confirm 
the identity and validity of the applicant's credentials. 
Status in other states of current licensure is verified. 



When eligibility is determined, a certificate of registra- 
tion and a current license for the remainder of the 
biennial period are issued. 

Statutory Authority G.S. 90-17 1.23(b); 90-171.32; 
90-171.33; 90-171.37. 

.0219 TEMPORARY LICENSE 

The Board may issue a Status P nonrenewable tempo- 
rary license to persons who have filed a completed 
application for licensure without examination with 
correct fee and provided validation of an active license 
in another jurisdiction. If a pplicant indicates prior court 
conviction(s) and/or disciplinary action(s) in another 
jurisdiction, eligibility for a temporary license will be 
determined after review of relevant documents. 

(1) The Status P nonrenewable temporary license 
expires on the lesser of six months or the date 
a full license is issued or when it is determined 
the applicant is not qualified to practice nurs- 
ing in North Carolina. 

(2) Status P temporary license authorizes the 
holder to practice nursing in the same manner 
as a fully licensed R.N. or L.P.N. , whichever 
the case may be. 

(3) Holders of valid Status P temporary license 
shall identify themselves as R.N. Petitioner 
(R.N. P.) or L.P.N, petitioner (L.P.N. P.), as 
the case may be, after signatures on records. 

(4) Upon expiration, revocation, or return of the 
Status P temporary license, the individual is 
ineligible to practice nursing as described in 
Item (2) of this Rule. 

Statutory Authority G.S. 90-171.33. 

.0221 LICENSE REQUIRED 

(a) No cap, pin, uniform, insignia or title shall be 
used to represent to the public that an unlicensed person 
is a registered nurse or a licensed practical nurse. 

(b) A license to practice nursing is not required for 
the repetitive performance of a common task or proce- 
dure which does not require the professional judgment of 
a registered nurse or Ucensed practice nurse. Tasks that 
may be delegated to the Nurse Aide I and Nurse Aide n 
are established by the Board of Nursing as defined in 21 
NCAC 36 .0401 and .0405. Tasks may be delegated to 
an unlicensed person which: 

(1) frequently recur in the daily care of a client 
or group of clients; 

(2) are performed according to an established 
sequence of steps; 

(3) involve little or no modification from one 
client-care situation to another; 

(4) may be performed with a predictable out- 
come; and 

(5) do not inherently involve ongoing assess- 



es 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



PROPOSED RULES 



ment, interpretation, or decision-making 
which cannot be logically separated from the 
procedure(s) itself. 
Client-care services which do not meet all of these 
criteria must be performed by a duly licensed nurse. 
The restrictions, however, do not apply to care per- 
formed by clients themselves, their families or signifi- 
cant others, or by caretakers who provide personal care 
to individuals whose health care needs are incidental to 
the personal care required. 

(c) A license to practice nursing is required for 
implementiog any treatment and pharmaceutical regimen 
which is likely to produce side or toxic effects, allergic 
reactions, or other unusual effects or which may rapidly 
endanger a client's life or well-being and which is 
prescribed by a person authorized by state law to 
prescribe such a regimen. 

(1) The nurse who assumes responsibility for 
implementing a treatment and pharmaceutical 
regimen is accountable for: 

(A) recognizing side effects; 

(B) recognizing toxic effects; 

(C) recognizing allergic reactions; 

(D) recognizing immediate desired effects; 

(E) recognizing unusual and unexpected effects; 

(F) recognizing changes in client's condition 
that contraindicates continued administra- 
tion of the medication; 

(G) anticipating those effects which may rapidly 
endanger a client's life or well-being; and 

(H) making judgments and decisions concerning 
actions to take in the event such untoward 
effects occur. 

(2) Exceptions to .0221(c)(1) are: 

(A) persons who hold statutory authority to 
administer medications; 

(B) clients themselves, their families or signifi- 
cant others, or caretakers who provide 
personal care to individuals whose health 
care needs are incidental to the personal 
care required; 

(C) administration of oral nutritional supple- 
ments; 

(D) applications of non-systemic, topical skin 
preparations which have local effects only 
provided that ongoing, periodic assessment 
of any skin lesion present is carried out by 
a person licensed to make such assess- 
ments; and 

(E) administration of commonly used cleansing 
enema solutions or suppositories with local 
effects only. 

(d) Unhcensed nursing students enrolled in out-of-state 
nursing education programs who are requesting utiliza- 
tion of North Carolina clinical facilities, shall be allowed 
such experiences following approval by the Board of 
Nursing or its designee. Upon receiving such a request, 



the chief nurse administrator of a North Carolina clinical 
facility contacted by an out-of-state nursing education 
program seeking nursing student clinical education 
experiences in North Carolina shall provide the Board 
with the following at least 60 days prior to the start of 
the requested experience prior to receiving approval for 
accepting the students: 

(1) letter of request for approval to provide the 
clinical offering; 

(2) course description, which includes course 
objectives, content outline, grading criteria 
for the course, and curriculum pattern which 
lists all courses required and placement of 
this course in the curriculum; 

(3) names of faculty members responsible for 
coordinating the student's experiences; 

(4) documentation that the nursing program is 
currently approved by the Board of Nursing 
or other appropriate approval bodies in the 
state in which the parent institution is lo- 
cated; 

(5) proposed starting and completion dates for 
the requested clinical experiences; 

(6) criteria used for selection of the students for 
the clinical experience in North Carolina; 

(7) number of students to be placed in the facil- 
ity; 

(8) units for placement and number of students 
on each unit; 

(9) RN faculty or preceptor qualification criteria 
with vitae, including NC RN license numbers 
of those working with the students; 

(10) signed contract between nursing program and 
clinical facility indicating ratio will not be 
greater than 1:10 faculty to student ratio for 
groups of students or 1:2 preceptor to student 
if preceptor arrangement is proposed; 

(11) written statement from chief nursing adminis- 
trator indicating the proposed clinical experi- 
ence does not conflict with clinical unit 
commitment to approved North Carolina 
nursing programs who have contracts with 
the facility; 

(12) evidence that all students involved in the 
proposed clinical experience are in good 
academic standing; and 

(13) plans that ensure timely communications 
between the coordinating faculty from 
out-of-state program, the participating NC 
nurses, the chief nursing administrator of the 
NC clinical facility and the students. 

(e) If the approved experience is to continue on an 
annual basis, written notification shall be submitted 
annually, by the chief nurse administrator of the NC 
facility at least 30 days prior to the resumption of the 
experiences. This notice shall include notification of any 
changes in the information submitted in material required 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



919 



PROPOSED RULES 



in Paragraph (d) of this Rule. Upon review by the 
Board or its designee, written approval shall be sent to 
the Chief Nurse administrator of the NC facility and the 
out-of-state nursing program, within 30 business days of 
receipt of the materials in the Board office. Copies of 
the following shall be distributed by the chief nursing 
administrator of the clinical facility to all students and 
faculty involved in the clinical experiences: 

(1) North Carolina Nursing Practice Act; 

(2) North Carolina administrative rules and 
related interpretations regarding the role of 
the RN, LPN, and unlicensed nursing per- 
sonnel; 

(3) North Carolina Board developed Guidelines 
for Utilization of Preceptors; and 

(4) North Carolina Board of Nursing developed 
Interpretations According to Adopted Catego- 
ries. 

(f) Failure to comply with the requirements Ln Para- 
graph (d) of this Rule as established by the North 
Carolina Board of Nursing shall result in the immediate 
withdrawal of the Board's approval of the clinical 
offerings. 

Statutory Authority G.S. 90-171. 23(b); 90-171.39; 
90-171.43. 

.0225 COMPONENTS OF NURSING PRACTICE 
FOR THE LICENSED PRACTICAL NURSE 

(a) The responsibilities for performing delegated 
nursing activities which any licensed practical nurse can 
safely accept are determined by the variables in each 
nursing practice setting. These variables include: 

(1) the nurse's own qualifications in relation to 
client need and plan of nursing care, includ- 
ing: 

(A) basic educational preparation; and 

(B) the knowledge and skills subsequently 
acquired through continuing education and 
practice; 

(2) the degree of sujjervision by the registered 
nurse consistent with Subparagraph (d)(3) of 
this Rule; 

(3) the stability of each client's clinical condi- 
tion; 

(4) the complexity and frequency of nursing care 
needed by each client or client group; 

(5) the accessible resources; and 

(6) established policies, procedures, practices, 
and channels of communication which lend 
support to the types of nursing services 
offered. 

(b) Assessment is an ongoing process and consists of 
participation Ln the determination of nursing care needs 
based upon collection and interpretation of data relevant 
to the health status of a client. 

(1) collection of data consists of obtaining data 



from relevant sources regarding the biologi- 
cal, psychological, social and cultural factors 
of the client's life and the influence these 
factors have on health status, according to 
structured written guidelines, policies and 
forms, and includes: 

(A) observations of appearance and behavior; 

(B) measurements of physical structure and 
physiologic function; and 

(C) information regarding available resources. 
(2) interpretation of data is limited to: 

(A) participation in the analysis of collected 
data by recognizing existing relationships 
between data gathered and a client's health 
status and treatment regimen; and 

(B) determining a client's need for immediate 
nursing interventions based upon data 
gathered regarding the client's health sta- 
tus, ability to care for self, and treatment 
regimen consistent with Subparagraph 
(a)(6) of this Rule. 

(c) Planning nursing care activities Includes participa- 
tion in the identification of client's needs related to the 
fmdings of the nursing assessment. Components of 
planning include: 

(1) participation in making decisions regarding 
implementation of nursing inter\'ention and 
medical orders and plan of care through the 
utilization of assessment data; 

(2) participation Ln multidisciplinary planning by 
providing resource data; and 

(3) identification of nursing Interventions for 
review by the registered nurse. 

(d) Implementation of nursing activities consists of 
delivering nursing care according to an estabUshed health 
care plan and as delegated by the registered nurse or 
other person(s) authorized by law as specified in G.S. 
90-171. 20(8)(c). 

(1) Nursing activities and responsibilities which 
may be delegated to the licensed practical 
nurse include: 

(A) procuring resources; 

(B) implementing nursing interventions and 
medical orders consistent with Paragraph 
(c) of 21 NCAC 36 .0221; 

(C) performing nursing interventions; 

(D) recognizing responses to nursing Lnter\'en- 
tions; 

(E) modifying immediate nursing interventions 
based on changes in a client's status; and 

(F) delegating specific nursing tasks as outlined 
in the plan of care and consistent with 
Subparagraph (d)(2) of this Rule, and 21 
NCAC 36 .0401. 

(2) The licensed practical nurse may participate, 
consistent with 21 NCAC 36 .0224(d)(6), in 
implementing the health care plan by delegat- 



920 



NORTH CAROLINA REGISTER 



September I, 1995 



10:11 



PROPOSED RULES 



I 



\ 



\ 



ing nursing care activities to other licensed 
practical nurses and unlicensed personnel 
qualified to perform such activities and 
providing all of the following criteria are 
met: 

(A) validation of qualifications of personnel to 
whom nursing activities may be delegated; 

(B) continuous availability of a registered nurse 
for supervision consistent with 21 NCAC 
36 .0224(i) and Subparagraph (d)(3) of this 
Rule; 

(C) accountability maintained by the licensed 
practical nurse for responsibilities accepted, 
including nursing care given by self and by 
all other personnel to whom such care is 
delegated; 

(D) participation by the Ucensed practical nurse 
in on-going observations of clients and 
evaluation of clients' responses to nursing 
actions; and 

(E) provision of supervision limited to the 
validation that tasks have been performed 
as delegated and according to established 
standards of practice. 

(3) the degree of supervision required for the 
jjerformance of any delegated nursing activity 
by the licensed practical nurse when imple- 
menting nursing care is determined by vari- 
ables which include, but are not limited to: 

(A) educational preparation of the licensed 
practical nurse, including both the basic 
educational program and the knowledge 
and skills subsequently acquired by the 
nurse through continuing education and 
practice; 

(B) stability of the client's clinical condition, 
which involves both the predictability and 
rate of change. When a client's condition 
is one in which change is highly predictable 
and would be expected to occur over a 
period of days or weeks rather than min- 
utes or hours, the licensed practical nurse 
participates in care with minimal supervi- 
sion. When the client's condition is unpre- 
dictable or unstable, the licensed practical 
nurse participates in the performance of the 
task under close supervision of the regis- 
tered nurse or other person(s) authorized 
by law to provide such supervision; 

(C) complexity of the nursing task which is 
determined by depth of scientific body of 
knowledge upon which the action is based 
and by the task's potential threat to the 
client's well-being. When a task is com- 
plex, the licensed practical nurse partici- 
pates in the performance of the task under 
close supervision of the registered nurse or 



other person(s) authorized by law to pro- 
vide such supervision; 

(D) the complexity and frequency of nursing 
care needed by a given client [wpulation; 

(E) the proximity of clients to personnel; 

(F) the qualifications and number of staff; 

(G) the accessible resources; and 

(H) established policies, procedures, practices 
and channels of communication which lend 
suppyort to the types of nursing services 
offered. 

(e) Evaluation, a component of implementing the 
health care plan, consists of participation in determining 
the extent to which desired outcomes of nursing care are 
met and in planning for subsequent care. Components 
of evaluation by the licensed practical nurse include: 

(1) collecting evaluative data from relevant 
sources according to written guidelines, 
policies and forms; 

(2) recognizing the effectiveness of nursing 
interventions; and 

(3) proposing modifications to the plan of care 
for review by the registered nurse or other 
p>erson(s) authorized by law to prescribe such 
a plan. 

(f) Reporting and recording are those communications 
required in relation to the aspects of nursing care for 
which the licensed practical nurse has been delegated 
responsibility. 

(1) rejxjrting means the communication of signif- 
icant information to other persons responsible 
for or involved in the care of the client. The 
licensed practical nurse is accountable for: 

(A) directing the communication to the appro- 
priate person(s) and consistent with estab- 
lished policies, procedures, practices and 
channels of communication which lend 
support to types of nursing services of- 
fered; 

(B) communicating within a time period which 
is consistent with the client's need for care; 

(C) evaluating the nature of responses to infor- 
mation reported; and 

(D) determining whether fiirther communication 
is indicated. 

(2) recording means the documentation of all 
significant information on the appropriate 
client record, nursing care plan or other 
documents. This documentation must: 

(A) be pertinent to the client's health care 
including client's response to care pro- 
vided; 

(B) accurately describe all aspects of nursing 
care provided by the licensed practical 
nurse; 

(C) be completed within a time period consis- 
tent with the client's need for care; 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



921 



PROPOSED RULES 



(D) reflect the communication of significant 
information to other persons; and 

(E) verify the proper administration and dis- 
posal of controlled substances. 

(g) Collaborating involves communicating and work- 
ing cooperatively in implementing the health care plan 
with individuals whose services may have a direct or 
indirect effect upon the client's health care. As dele- 
gated by the registered nurse or other person(s) autho- 
rized by law, the licensed practical nurse's role in 
collaborating in client care includes: 

(1) participating in planning and implementing 
nursing or multidisciplinary approaches for 
the client's care; 

(2) seeking and utilizing appropriate resources in 
the referral process; and 

(3) safeguarding confidentiality. 

fh) Reinforcing T e aching teaching and counseling 
involv e involves r e inforcing participating in those 
activities for clients as planned and initiated by the 
registered nurse or other person(s) authorized by law. 
Participation includes: 

(1) providing accurate and consistent informa- 
tion, demonstrations, and guidance to clients, 
their families or significant others regarding 
the client's health status and health care 
according to structured written guidelines, 
policies and forms, and for the purpose of: 

increasing knowledge; 

assisting the client to reach an optimum 

level of health functioning and participation 

in self care; and 

promoting the client's ability to make 

informed decisions. 

(2) collecting evaluative data consistent with 
Paragraph (e) of this Rule. 

Statutory Authority G.S. 90-171. 20(7), (8); 90- 171. 23 (b); 
90-171.43(4). 

Mil APPROVAL AND PRACTICE 
PARAMETERS FOR NURSE 
PRACTITIONERS 

(a) Definitions: 

(1) "Medical Board" means the North Carolina 
Medical Board. 

(2) "Board of Nursing" means the Board of 
Nursing of the Slate of North Carolina. 

(3) "Joint Subcommittee" means the subcommit- 



(A) 
(B) 



(C) 



tee composed of members of the Board of 
Nursing and Members of the Medical Board 
to whom responsibility is given by G.S. 90-6 
and G.S. 90-171 .23(l3)( 14) to develop rules 
to govern the performance of medical acts by 
nurse practitioners in North Carolina. 
(4") "Nurse Practitioner or NP" means a cur- 

rently licensed registered nurse approved to 



perform medical acts who functions at the 
direction of or under the supervision of a 
licensed physician for those medical acts. 
Only a registered nurse approved by the 
Medical Board and the Board of Nursing 
may legally identify oneself as a Nurse 
Practitioner. It is understood that the nurse 
practitioner, by virtue of RN licensure, is 
independently accountable for those nursing 
acts which he or she may perform. 

(5) "Nurse Practitioner Applicant" means a 
registered nurse who may function prior to 
full approval as a Nurse Practitioner in 
accordance with Part (c)(2)(D) of this Rule. 

(6) "Supervision" means the physician's function 
of overseeing medical acts performed by the 
nurse practitioner. 

(7) "Primary Supervising Physician" means the 
licensed physician who, by signing the nurse 
practitioner application, is held accountable 
for the on-going supervision and evaluation 
of the medical acts performed by the nurse 
practitioner as defined in the site specific 
written protocols. The primary supervising 
physician shall assume the responsibility of 
assuring the Boards that the nurse practitio- 
ner is qualified to perform those medical acts 
described in the site specific written proto- 
cols. 

(8) "Back-up Supervising Physician" means the 
licensed physician who, by signing the nurse 
practitioner application for approval, is held 
accountable for supervising performance of 
medical acts by the nurse practitioner in 
accordance with the site specific written 
protocols when the Primary Supervising 
Physician is iiot available. 

(9) "Approval" means authorization by the 
Medical Board and the Board of Nursing for 
a registered nurse to practice as a nurse 
practitioner in accordance with this Rule. 

(10) "Written standing protocols" means the 

signed and dated set of written practice 

guidelines maintained at each practice site 

which describe the prescribing privileges. 

treatments, tests and procedures that define 

the scope of the nurse practitioner's medical 

acts in that setting. 

(b) Scope of Practice. Tlie nurse practitioner is 

responsible and accountable for the continuous and 

comprehensive management of a broad range of personal 

health services for which the nurse practitioner is 

educationally prepared and for which competency has 

been maintained, with physician supervision as described 

in Paragraph [jj of this Rule. These services include but 

are not restricted to: 

( 1 ) promotion and maintenance of health; 



922 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



PROPOSED RULES 



I 



£4) 
£5} 



£6} 



m 



^ 



\ 



prevention of illness and disability; 
diagnosing, treating and managing acute and 
chronic illnesses; 

guidance and counseling for both individuals 
and families; 

prescribing, administering and dispensing 
therapeutic measures, tests, procedures and 
drugs; 

planning for situations beyond the nurse 
practitioner's expertise, and consulting with 
and referring to other health care providers 
as appropriate; and 
evaluating health outcomes. 
(c) Nurse Practitioner A pproval. 

(1) Qualifications for nurse practitioner ap- 
proval. A registered nurse must be a pproved 
by the Medical Board and the Nursing Board 
before the individual may practice as a nurse 
practitioner. The Boards may grant a pproval 
to practice as a nurse practitioner to an 
individual who: 

(A) is currently licensed as a registered nurse 
by the Board of Nursing; 

(B) has successfully completed an approved 
educational program as outlined in Para- 
graph (d) of this Rule; 

(C) has an unrestricted license to practice as a 
registered nurse and, if applicable, an 
unrestricted approval to practice as a nurse 
practitioner unless the Boards consider such 
condition and agree to a pproval; 

(D) submits any information deemed necessary 
to evaluate the application; 

£E} has a primary supervising physician agree- 
ment; and 
(F) pays the a ppropriate fee. 

(2) Application for nurse practitioner approval . 
£A} A pplication for nurse practitioner approval 

must be made upon the appropriate forms 
and must be submitted jointly by the nurse 
practitioner and primary supervising physi- 
cian(s). 

(B) A pplications for first-time approval in 
North Carolina shall be submitted to the 
Nursing Board and then processed by both 
Boards as follows: 

(i) the Nursing Board will verify compli- 
ance with Parts (c)(n(A) - (D) of this 
Rule; 
(ii) the Medical Board will verify compli- 
ance with Parts (c)(n(D) - (F) of this 
Rule; and 
(iii) the appropriate Board will notify app li- 
cant of final a pproval status. 

(C) A pplications for a pproval of changes in 
practice arrangements for a nurse practitio- 
ner currently a pproved to practice in North 



Carolina: 
(i) addition or change of primary supervis- 
ing physician shall be submitted to the 
Medical Board; 
(ii) requests for change(s) in scope of 
practice shall be submitted to the Nurs- 
ing Board; and 
(iii) the a ppropriate Board will notify app li- 
cant of final a pproval status. 

(D) Interim status for nurse practitioner appli- 
cant maybe granted as follows: 

£i} a registered nurse who is a new gradu- 
ate of an a pproved nurse practitioner 
educational program as set forth 'm 
Paragraph (d) of this Rule; or 
(ii) a registered nurse seeking first time 
a pproval to practice as a nurse practi- 
tioner in North Carolina who has 
worked previously as a nurse practitio- 
ner in another state and who meets the 
nurse practitioner educational require- 
ment as set forth in Paragraph (d) of 
this Rule; and 
(iii) the Nursing Board has issued interim 
approval with the following limitations: 
(V) no prescribing privileges; 
(II) physician on-site for appropriate 
ongoing supervision, review and 
countersigning of notations of medi- 
cal acts in all patient charts within 
24 hours of nurse practitioner appli- 
cant-patient contact; and 
(in) may not exceed period of six 
months. 

(E) The registered nurse who was previously 
approved to practice as a nurse practitioner 
in this state shall: 

(i) meet the nurse practitioner approval 

requirements as stipulated In Parts (C). 

(A). (C) - (F) of this Paragraph; 
(ii) complete the appropriate application; 

and 
(iii) receive notification of approval from 

the appropriate Board. 

(F) If for any reason a nurse practitioner dis- 
continues working in die approved supervi- 
sion physician(s) arrangement, the Boards 
shall be notified in writing and the nurse 
practitioner's approval shall automatically 
terminate or be placed on an inactive status 
until such time as a new application is 
a pproved in accordance with this Subchap- 
ter. 

(d) Requirements for Approval of Nurse Practitioner 
Educational Programs. 

(1) The Joint Subcommittee shall establish the 
requirements for a pproval of nurse practitio- 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



923 



PROPOSED RULES 



£2} 



(A) 



ner education programs. 
A nurse practitioner applicant must provide 
to die Board of Nursing evidence of success- 
ful completion of a course of formal educa- 
tion which contains a core curriculum includ- 
ing 400 contact hours of didactic education 
and 400 contact hours of preceptorship or 
supervised clinical experience. 
The core curriculum shall contain as a 
minimum the following components: 
(i) health assessment and diagnostic rea- 
soning including: 
(Ij historical data; 
(II) physical examination data; 
(III) organization of data base; 
(ii) pharmacology; 
(iii) pathophysiology; 

(iv) clinical management of common health 
care problems and diseases related to: 
(I) respiratory system; 
(II) cardiovascular system; 
gastrointestinal system; 
genitourinary system; 
integumentary system; 
hematologic and immune systems; 
endocrine system; 
musculoskeletal system; 
infectious diseases: 
nervous system; 

behavioral, mental health and sub- 
stance abuse problems; 
clinical preventative services including 
health promotion and prevention of 
disease; 
client education related to Parts 



mi) 

gv) 

£Yi 

£Ym 
lYim 

gx) 

rxi) 

(V} 



£Yi} 
(vii) 

£B1 



(b)(1)(D) and (E) of this Rule; and 
role development including legal, ethi- 
cal, economical, health policy and 
interdisciplinary collaboration issues. 
Nurse practitioner applicants who may be 
exempt from components of the core cur- 
riculum requirements listed in Subpara- 
graph (b)(1) of the Rule are: 
(i) Any nurse practitioner approved in 
North Carolina prior to January 18, 
1981, is permanently exempt from the 
core curriculum requirement, 
(ii) A nurse practitioner certified by a 
national credentialing body approved 
by the Nursing Board who also pro- 
vides evidence of satisfying Parts 
(b)(r)(A) ; (Cl of this Rule shall be 
exempt from core curriculum require- 
ments in Parts (b)(1)(D) - (G) of this 
Rule. Evidence of satisfying Parts 
(b)(1)(A) ; (C) of this Rule shall in; 
elude, but may not be limited to: 



g) a narrative of course content; and 
gi) contact hours, 
(iii) A nurse practitioner applicant, whose 
formal education does not meet all of 
the stipulations in Subparagraph (d)(2) 
of this Rule, may appeal to the Board 
of Nursing on the basis of other educa- 
tion and experience. 
(e) Annual Renewal. 

(1) Each registered nurse who is approved as a 
nurse practitioner in this state will, upon 
notification from the Medical Board, annu- 
ally renew said approval by: 

(A) Verifying current RN licensure; 

(B) Submitting the fee required in Paragraph (1) 
of this Rule; 

(C) Completing the renewal form; and 

(D) Providing documentation of the required 
number of hours of Continuing Education 
as stipulated in Paragraph (f) of this Rule. 

(2) If the nurse practitioner has not renewed 
within 30 days of renewal date, set by the 
Medical Board, the approval to practice as a 
nurse practitioner will lapse. 

£iQ Continuing Education (CE). In order to maintain 
nurse practitioner approval to practice beginning no 
sooner than two years after initial approval has been 
granted, the nurse practitioner must earn 30 hours of 
continuing education every two years. At least three 
hours of continuing education every two years shall be 
the study of the medical and social effects of substance 
abuse including abuse of prescription drugs, controlled 
substances, and illicit drugs. Continuing Education 
hours are those hours for which American Nurses 
Credentialing Center (ANCC) or Accreditation Council 
on Continuing Medical Education (ACCME) have 
granted approval. Ekxumentation must be maintained by 
the nurse practitioner at each practice site and made 
available upon request to either Board. 

(g) Inactive Status. 

(1) Any nurse practitioner who wishes to place 
his or her approval on an inactive status may 
notify the Boards by completing the form 
supplied by the Boards; 

(2) The registered nurse with inactive nurse 
practitioner status shall not practice as a 
nurse practitioner. 

(3) The registered nurse with inactive nurse 
practitioner status who reapplies for approval 
to practice shall be required to meet the 
qualifications for approval as stipulated in 
Parts (c)(1)(A), (c)(1)(C) - (E) and Subpara- 
graph (c)(2) of this Rule. 

rh) Prescribing Authority. 
(1) The prescribing stipulations contained in this 
Paragraph apply to writing prescriptions and 
ordering the administration of medications; 



924 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



PROPOSED RULES 



(21 Prescribing and dispensing stipulations are as 
follows: 

(A) Drugs and devices that may be prescribed 
by the nurse practitioner in each practice 
site must be included in the written stand- 
ing protocols as outlined in Paragraph (i). 
Subparagraph (2) of this Rule. 

(B) Controlled Substances (Schedules 2, 2N. 3. 
3N 4^ 5} defined by the State and Federal 
Controlled Substances Acts may be pre- 
scribed or ordered as established in written 
standing protocols, providbg all of the 
following restrictions are met: 

(i) the nurse practitioner has an assigned 
PEA number which is entered on each 
prescription for a controlled substance; 
(ii) dosage units for schedules 2^ 2N, 3 
and 3N are limited to a one week's 
supply, except Dextroamphetamine . 
Methylphenidate and Pemoline for the 
treatment of Attention Deficit Disorder 
(ADD) which are limited to a 30 day 
supply; and 
(iii) the prescription or order for schedules 
2^ 2N^ 3 and 3N may not be refilled. 

(C) The nurse practitioner may prescribe a 
drug not included in the site-specific writ- 
ten standing protocols only as follows: 

(i) uf>on a specific written or verbal order 
obtained from the supervising physician 
before the prescription or order is 
issued by the nurse practitioner; and 
(ii) the verbal or written order as described 
in Subpart (h)(2)(C)(i) of this Rule 
must be entered into the patient record 
and signed by the nurse practitioner 
with a notation that is issued on the 
specific order of the supervising physi- 
cian- 
CD) Refills may be issued for a period not to 
exceed one year except for schedules 2^ 
2N. 3 and 3N controlled substances which 
may not be refilled. 

(E) Each prescription must be noted on the 
patient's chart and include the following 
information: 

(i) medication and dosage; 

(ii) amount prescribed; 
(iii) directions for use; 
(iv) number of refills; and 

(v) signature of nurse practitioner. 

(F) The prescribing number assigned by the 
Medical Board to the nurse practitioner 
must appear on all prescriptions issued by 
the nurse practitioner. 

(G) Prescription Format: 

(i) all prescriptions issued by the nurse 



practitioner shall contain the supervis- 
ing physician(s) name, the name of the 
patient, and the nurse practitioner's 
name, telephone number, and prescrib- 
ing number; 
(ii) the nurse practitioner assigned DEA 
number shall be written on the pre- 
scription form when a controlled sub- 
stance is prescribed as defined in Para- 
graph (h) Part (B) of this Rule; and 
(3) The nurse practitioner may obtain approval 
to dispense the drugs and devices included in 
the written standing protocols for each prac- 
tice site from the Board of Pharmacy, and 
must carry out the function of dispensing in 
accordance with 21 NCAC 46 .1700. which 
is hereby incorporated by reference including 
subsequent amendments of the referenced 
materials, 
(i) Physician Supervision. Supervision shall be 
provided by the approved physician(s) as follows: 

(1) Availability: 

(A) The supervising physician shall be continu- 
ously available for direct communication by 
radio, telephone, or telecommunications: 

(B) The supervising shall be readily available 
for consultation or referrals of patients 
from the nurse practitioner: and 

(C) If the nurse practitioner is to perform 
duties at a site away from the supervising 
physician, the application must clearly 
specify the circumstances and the supervi- 
sory arrangements. 

(2) Written Standing Protocols: 

(A) Written standing protocols approved and 
signed by both the supervising physician(s) 
and the nurse practitioner shall be main- 
tained in each practice site; 

(B) The written standing protocols shall include 
the drugs, devises, medical treatments, 
tests and procedures that be prescribed, 
ordered and implemented by the nurse 
practitioner consistent with Paragraph (h) 
of this Rule, and which are a ppropriate for 
the diagnosis and treatment of the most 
commonly encountered health problems in 
that practice setting; 

(C) TTie written standing protocols shall include 
a pre-determined plan for emergency ser- 
vices; 

(D) The written standing protocols shall specify 
the process by which the nurse practitioner 
shall refer a patient to a physician other 
than an a pproved supervising physician: 
and 

(E) The nurse practitioner must be prepared to 
demonstrate upon request to a member of 



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September 1, 1995 



925 



PROPOSED RULES 



either the Board of Nursing or the Medical 
Board, or an agent, the ability to perform 
medical acts as outlined in the site-specific 
written standing protocols. 

(3) Countersigning of Medical Acts: 

(A) The maximum time inter\'al between the 
nurse practitioner's contact with the patient 
and medical record review and countersign- 
ing of medical acts by the supep.'ising 
physician is seven days for outpatient 
(clinic/office) nurse practitioner-patient 
contacts. 

(B) The time interval or countersigning of 
notations of medical acts in the medical 
records of inpatients ("hospital, long-term 
care institutions) by the supervising physi- 
cian must comply with the rules and regu- 
lations of the institution, but at a minimum: 

(i) the initial workup, medical orders and 
treatment plan, must be countersigned 
within seven days of the time of the 
nurse practitioner-patient contact; and 
fii) in the acute inpatient setting, the initial 
work-up, medical orders and treatment 
plan must be countersigned and dated 
within tuo working days of the nurse 
practitioner-patient contact. 
(O The time inter.al between the nurse practi- 
tioner-patient contact and countersigning by 
the supepv'ising physician of the nurse 
practitioner's notations of medical acts in 
the medical records of patients in special 
community-based care programs, such as 
dialysis and hospice, must comply with the 
rules and regulations of the specific care 
program. 

(4) Supervising Physicians: 

(A) A physician in a graduate medical educa- 
tion program, whether fully licensed or 
holding only a resident's training license, 
cannot be named as a supervising physi- 
cian. 

(B) A physician in a graduate medical educa- 
tion program who is also practicing in a 
non-training situation may supervise a 
nurse practitioner in the non-training situa- 
tion if fully licensed and approved to super- 
vise by the Medical Board. 

(C) All physicians who may supervise the nurse 
practitioner in any manner must be ap- 
proved in accordance with this Subchapter 
before nurse practitioner supervision oc- 
curs. 

(]) Method of Identification. The nurse practitioner 
shall v.ear an appropriate name tag spelling out the 
words "Nurse Practitioner. " 

(k) Disciplinap,' Action. The approval of a nurse 



practitioner may be restricted, denied or terminated by 
the Medical Board and the registered nurse license may 
be restricted, denied, or terminated by the Nursing 
Board, if after due notice and hearing in accordance with 
provisions of Article 3A of G.S. 150B. the appropriate 
Board shall find one or more of the following: 

( 1) that the nurse practitioner has held himself 
out or permitted another to represent him as 
a licensed physician; 

(2) that the nurse practitioner has engaged or 
attempted to engage m the performance of 
medical acts other than at the direction of. or 
under the superyision of. a physician licensed 
by the Medical Board who is approved by 
the Board of to be that nurse practitioner's 
supervising physician; 

(3) that the nurse practitioner has performed or 
attempted to perform medical acts not ap- 
proved in \he site-specific standing protocols 
or for which the nurse practitioner is not 
qualified by education and training to per- 
form; 

(4) that the nurse practitioner has been convicted 
in any court of a felony or other criminal 
offense; 

(5) that the nurse practitioner is adjudicated 
mentally incompetent or that the nurse practi- 
tioner's mental or physical condition renders 
the nurse practitioner unable to safely func- 
tion as a nurse practitioner; or 

(6) that the nurse practitioner has failed to com- 
ply with any of the provisions of this Rule. 

(D Fees: 

m 



An application fee of one hundred dollars 
($100.00) must be paid at the time of initial 
apphcation for a pproval and each subsequent 
application for approval to practice. The one 
hundred dollar ($100.(X)) application fee shall 
be equally divided between the Board of 
Nursing and the Medical Board. No other 
fees are shared. 

(2) The fee for annual renewal of approval, due 
July 1. is fifty dollars ($50.00). 

(3) No portion of any fee in this Rule is refund- 
able. 

Statutory Authority G.S. 90-171.20(7); 90-17 1.23(b); 
90-171. 23(b)(14); 90-171.23(14); 90-171.36; 90-171.37; 
90-171.42. 

SECTION .0300 - APPROVAL OF NURSING 
PROGRAMS 

.0318 FACULTY 

(a) Both full-time and part-time members shall be 
considered nursing program faculty. When part-time 
faculty are utilized, evidence shall exist of their partici- 



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10:11 



PROPOSED RULES 



pation in curriculum implementation and evaluation. 

(b) Policies for nursing program faculty members 
shall reflect those of the institution; however, variations 
in these policies may be necessary because of the nature 
of nursing curriculum. 

(c) Qualifications for nurse faculty members shall be 
stated and reflect knowledge and experiences in clinical 
nursing and teaching which are appropriate for assigned 
responsibilities. 

(d) Faculty members who teach non-nursing courses 
required in the nursing curriculum shall have appropriate 
academic and experiential qualifications for the program 
areas in which they participate. 

(e) Each nurse faculty member shall hold a current 
unrestricted license as a registered nurse in North 
Carolina. The program director is held accountable for 
validating and documenting current registered nurse 
licensure in North Carolina. 

(f) Each nurse faculty member shall hold a baccalau- 
reate in nursing or a baccalaureate with a major in 
nursing. Exceptions are: 

(1) the individual who holds a master's degree in 
nursing and a baccalaureate in another disci- 
pline; 

(2) the individual employed as a faculty member 
prior to January 1, 1984, who holds a bacca- 
laureate in another discipline. TTiis exception 
applies to continuing employment in the 
current setting. 

(g) Each nurse faculty member employed after 
January 1, 1984, shall have had a minimum of two years 
prior employment in direct patient care. Each nurse 
faculty member employed after January 1, 1989, shall 
have had a minimum of two year's prior employment in 
direct patient care as a registered nurse. Each nurse 
faculty member employed after July 1, 1992, shall have 
had a minimum of two calendar year's prior full-time 
employment or the equivalent in clinical nursing practice 
as a registered nurse. 

(h) In addition to all qualifications for nurse faculty 
members, the nurse director of a practical nurse educa- 
tion program employed as such after January 1, 1984, 
shall have had at least two year's full-time experience 
teaching in nursing program(s). 

(i) In addition to all qualifications for nurse faculty 
members, the nurse director of a program preparing 
individuals for registered nurse practice shall hold a 
baccalaureate and a master's degree, one of which shall 
be in nursing; and if employed after January 1, 1984, 
shall have had at least two year's full-time experience 
teaching at or above the academic level of the program. 
For purposes of this Standard, associate degree and 
diploma nursing program levels are considered compara- 
ble. 

(j) In addition to all qualifications for nurse faculty 
members, the nurse faculty member in a program 
preparing individuals for registered nurse practice who 



has primary responsibility, designated by the program, 
for coordinating the planning, implementation, and 
evaluation, of each major clinical nursing course shall 
hold a master's degree. This nurse faculty member shall 
also have had a minimum of one academic year of 
full-time teaching experience in a nursing program. 

(k) In addition to all qualifications for nurse faculty 
members, the nurse faculty member in a program 
preparing individuals for practical nurse licensure who 
has primary responsibility, designated by the program, 
for coordinating the planning, implementation and 
evaluation of each major clinical nursing course, shall 
have had a minimum of one academic year of full-time 
teaching experience in a nursing program. 

(1) The nurse faculty members shall have the appropri- 
ate authority and responsibility for: 

(1) student admission, progression, and gradua- 
tion requirements; and 

(2) the development, implementation, and evalu- 
ation of the curriculum. 

(m) The nurse faculty members shall be sufficient in 
number to implement the curriculum as demanded by the 
course objectives, the levels of the students, and the 
nature of the learning environment. The faculty-student 
ratio in clinical areas shall depend upon the level of 
students, the acuity of patients, and the average daily 
census in the unit. The ratio shall be 1:10 or less. 
Request to exceed the 1:10 ratio shall be submitted to the 
Board or its' designated representatives for approval 
prior to implementation. Request may be approved for 
one academic term only. 

(n) There shall be written annual evaluation of each 
nurse faculty member by the program director or a 
designee; and evidence of written evaluation of the 
program director by an immediate supervisor according 
to the institutional policy. 

Statutory Authority G.S. 90-1 71. 23 (b)(8); 90-171.38. 

.0320 STUDENTS 

(a) Students in nursing programs shall meet require- 
ments established by the controlling institution. Addi- 
tional requirements may be stipulated for nursing 
students because of the nature and legal responsibilities 
of nursing education and nursing practice. 

(b) Admission requirements and practices shall be 
clearly stated and published by the controlling institution 
and must include assessment of: 

(1) physical and emotional hoalth that would 
provid e e vid e nc e that io indicativ e of th e 
applioont'o ability' to provid e oaf e nuroing 
caro to the public; and record of high school 
graduation, high school equivalent, or earned 
credits from an a pproved post-secondary 
institution; and 

(2) achievement potential through the use of 
previous academic records and pre-entrance 



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September 1, 1995 



927 



PROPOSED RULES 



examination cut-off scores that are consistent 
with curriculum demands and scholastic 
expectations; and 
(3) record of high school graduation, high achool 
oquivalont, or oamod crodita from an op 
provod poot oooondar)' inotitution. physical 
and emotional health that would provide 
evidence that is indicative of the a pplicant's 
ability to provide safe nursing care to the 
public. 
Initial admission may be based on Subparagraphs (bXl) 
and (2)of this Rule and any other institutional require- 
ments; however, final admission must be contingent 
upon Subparagraph (b)0) of this Rule. 

(c) The number of students enrolled in nursing courses 
shall not exceed the maximum number approved by the 
Board. 

(d) Published policies and practices shall exist that 
provide for identification and dismissal of students who 
present physical, emotional, or behavioral problems 
which conflict with safety essential to nursing practice 
and do not respond to appropriate treatment or counsel- 
ing within a reasonable period of time. 

(4^ present physical or emotional probloms that 

do not respond to appropriate treatment or 
oounooling within a r e aoonabl e p e riod of 
tim e ; or 

(5^ demonstrate behavior which conflicts with 

safet)' essential to nursing practice. 

(e) Criteria for progression through a program shall 
clearly define the level of performance required to pass 
each course in the curriculum, the level at which failure 
of the course is determined, and the level of perfor- 
mance in prerequisite courses required for progression to 
subsequent courses or levels. These criteria shall apply 
to both theoretical and clinical components of nursing 
courses. 

(f) Program objectives shall be consistent with compo- 
nents of basic nursing practice as legally defined for the 
licensure level. 

(g) Implementation of the nursing program shall result 
in no less than an annual 75 percent pass rate on first 
writing of the licensure examination for the calendar 
year ending December 31. 

(h) Pohcies for transfer of credits or for admission to 
advanced placement shall be stated and must provide 
that: 

(1) general admission, progression, and gradua- 
tion requirements of the nursing program 
shall apply to the applicant; and 

(2) the nursing program shall determine the total 
numh)er of nursing courses or credits allowed 
for advanced placement. 

Statutory Authority G.S. 90-171. 23(b)(8); 90-171.38. 

.0322 FACILITIES 



(a) Campus facilities shall be appropriate in type, 
number, and accessibility for the total needs of the 
program. 

(1) Classrooms, practice laboratories, audio and 
video tutorial laboratories, and conference 
rooms shall be sufficient in size, number, 
and types for the number of students and 
purposes for which the rooms are to be used. 
Lighting, ventilation, location, and equipment 
must be suitable. 

(2) Office and conference space for nursing 
program faculty members shall be appropri- 
ate and available for uninterrupted work and 
privacy including conferences with students. 

(3) The hbrary facilities shall be readily accessi- 
ble to students and faculty, and must offer 
adequate resources and services. 

(A) Active library services shall include a 
librarian and a system of cataloging. 

(B) A system of acquisition and deletion shall 
exist that ensures currency and appropriate- 
ness of holdings including audio and video 
tutorial resources that support implementa- 
tion of the nursing curriculum. 

(C) Library space for use by students and 
faculty shall be adequate to accommodate 
the program. 

(D) Library hours shall meet the needs of the 
students in the program. 

(b) Other facilities shall support the program. 

(1) Clinical agencies shall include: 

(A) hospital(s) that provide inpatient care in 
medicine, surgery, obstetrics, pediatrics, 
and geriatrics; 

(B) agencies serving patients across the lifespan 
who present problems arising from com- 
mon pathological or maturational condi- 
tions; 

(C) patient census in hospitals and agencies 
with sufficient numbers and varieties of 
conditions, including varying degrees of 
acuity, to accommodate the number of 
students and provide learning experiences 
mandated by the curriculum. 

(2) Clinical agencies for programs leading to 
registered nurse licensure shall include psy- 
chiatric and mental health services with 
sufficient patient census in community sites 
or inpatient services at which psychiatric or 
mental health care is a primary focus. Pa- 
tient census must be representative of the 
range of DSM Ht diagnoses. 

(3) Clinical agencies for baccalaureate nursing 
programs shall include public or community 
health services within voluntary or official 
agencies. 

(4) Each clinical agency shall: 



928 



NORTH CAROLINA REGISTER 



September I, 1995 



10:11 



PROPOSED RULES 



(A) have approval of the Board; 

(B) have a registered nurse with authority and 
responsibility for administration of nursing 
within the agency; 

(C) have staffing and written operational poli- 
cies and procedures designed to ensure the 
legal practice of nursing, as defined in 
Articles 9A and 9C, Chapter 90 of the 
General Statutes (Nursing Practice Act) and 
Administrative Code, Title 21, Chapter 36, 
and demonstrates compliance with agency 
policies at a rate of no less than 85 percent; 

(D) make records of those served available for 
use by faculty and students; 

(E) have equipment and supplies that are suit- 
able in quantity and quality, properly main- 
tained, and available for use; and 

(F) have a current contractual agreement with 
the program if the clinical resource is not 
a constituent of the parent institution. 

(5) The clinical agencies shall file with the 
Board such records, data, and reports as may 
be required in order to furnish information 
regarding poUcies, position descriptions, and 
census and staffing reports to ensure the 
legal practice of nursing and that are reflec- 
tive of opportunities for effective learning. 

(6) Schedules for use by one or more nursing 
programs shall demonstrate feasibility for 
such use and reflect cooperative planning by 
the programs and the agency. 

Statutory Authority G.S. 90- 17 1.23 (b)(8); 90-171.38. 
****************** 

CHAPTER 54 - BOARD OF PRACTICING 
PSYCHOLOGISTS 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Psychology 
Board intends to adopt rule cited as 21 NCAC 54 .1707; 
amend 21 NCAC 54 .1701 and .2704 - .2706. 

Proposed Effective Date: December 1, 1995. 

A Public Hearing will be conducted at 9:00 a.m. on 
September 22, 1995 at the Sheraton Inn Winston-Salem, 
5790 University Parkway, Winston-Salem, N.C. 

Reason for Proposed Action: 

21 NCAC 54 .1701 - Amend information required for 

making application for licensure. 

21 NCAC 54 .1707 - Establish requirements for making 

application under Senior Psychologist provision. 

21 NCAC 54 .2704 - 2706 - Amend requirements for 

health services provider certification. 



Comment Procedures: Comments may be submitted in 
writing or in person at the public hearing or in writing 
prior to October 3, 1995 to Martha Storie, Executive 
Director, N. C. Psychology Board, 895 State Farm Road, 
Suite 102, Boone, NC 28607. Anyone wishing to submit 
oral comments at the hearing is requested to file a 
written statement in the Board's office no later than 3 
days prior to the hearing, confirming that he/she wishes 
to speak at the hearing. Anyone presenting oral com- 
ments at the hearing is requested to provide a written 
statement of such comments to the Board when signing in 
on the morning of the hearing. 

Fiscal Note: TTiese Rules do not affect the expenditures 
or revenues of local government or state funds. 

SECTION .1700 - APPLICATION FOR 
LICENSURE 

.1701 INFORMATION REQUIRED 

(a) Except as provided in Rule .1707 of this Section, 
the The information required for each applicant consists 
of: 

(1) typed, or legibly printed, notarized applica- 
tion form and application fee; 

(2) official, graduate college transcripts sent 
directly to the Board by the training institu- 
tions(s); 

(3) completed information forms from present 
and past supervisors; 

(4) three completed reference forms from profes- 
sionals who are familiar with the applicant's 
current work, one of which is from a doc- 
toral level psychologist; 

(5) evidence of being 18 years of age and of 
good moral character; 

(6) verification and repwrt on the status of licen- 
sure, including any disciplinary action which 
is pending or has been taken, informnti ea 
forms sent directly from any other states and 
provino e a state or province in which the 
applicant has applied for a license or has 
been licensed, if applicable; 

(7) official rejxirt of any previous score obtained 
on the Examination for Professional Practice 
in Psychology sent directly to the Board from 
the Professional Examination Service, if 
applicable; and 

(8) additional documentation regarding educa- 
tional credentials described in 21 NCAC 5^ 
■ 1 8 01(b) and (c) Practicing Psychologist 
Roquiromontfl oa of Juno 30, 19 8 7, 21 NCAC 
54 .1802 (b) Peyohologioal Aooooiat e , and 21 
NCAC 54 .1803 (b) Praotioing Psychologist 
Roquiromonts as of July 1, 19 8 9, if applica- 
ble. 



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929 



PROPOSED RULES 



(b) An application must contain all requested materials 
to be complete. An incomplete application is active for 
si* three months from the date of application. At the 
end of such time, if still incomplete, the application is 
void, the applicant is deemed to have discontinued the 
application process, and the applicant must totally 
reapply. 

Statutory Authority G.S. 90-270.4(h); 90-270.5(a); 
90-270.9; 90-270. 11 (a). (b); 90-270. 13(a); 90-270.15; 
1508-11(1). 

.1707 SENIOR PSYCHOLOGIST 

(a) A senior psvchologist is someone who has 
achieved longevity in the practice of psychology and has 
demonstrated exemplary professional behavior over the 
course of his/her career, as defined in this Rule. 

(b) To be approved for licensure at the Licensed 
Psvchologist level on the basis of senior psychologist 
status, an applicant shall meet all of the following 
requirements: 

(1) has been Ucensed for 15 continuous years at 
the doctoral level in one or more jurisdic- 
tions which are members of the Association 
of State and Provincial Psychology Boards, 
during which time, and in which jurisdic- 
tion(s'), he/she has practiced psychology for 
a minimum of JO years on at least a 
half-time (i.e., 20 hours per week) basis; 

(2) has had no disciplinary sanction during 
his/her entire period of licensure in any 
jurisdiction; 

(3) has no unresolved complaint in any jurisdic- 
tion at die time of application in North Caro- 
lina; and 

(4) passes the North Carolina State Written 
Examination. 

(c) To be approved for licensure at the Licensed 
Psychological Associate level on the basis of senior 
psychologist status, an applicant shall meet all of the 
following requirements: 

(1) has been licensed for 15 continuous years at 
the masters level in one or more jurisdictions 
which are members of the Association of 
State and Provincial Psychology Board, 
during which time, and in which jurisdic- 
tion(s), he/she has practiced psychology for 
a minimum of JO years on at least a 
half-time (i.e., 20 hours per week) basis; 

(2) has had no disciplinary sanction durin g 
his/her entire period of licensure in any 
jurisdiction; 

(3) has no unresolved complaint in any jurisdic- 
tion at the time of application in North Caro- 
lina; and 

(4) passes the North Carolina State Written 
Examination. 



(d) The information required for each applicant 
consists of: 

(1) typed, or legibly printed, notarized a pplica- 
tion form, including an affidavit which attests 
to meeting the requirements specified in 
Paragraph £b} or (c} of this Rule; 

(2) official, graduate college transcripts sent 
directly to the Board by the training institu- 
tion(s); 

(3) three completed reference forms from profes- 
sionals who are familiar with the applicant's 
current work, one of which is from a doc- 
toral level psychologist: and 

(4) verification and report on the status of licen- 
sure, including dates of licensure and any 
disciplinary action which is pending or has 
been taken, sent directly from any other state 
or province in which the applicant has ap- 
plied for a license or has been licensed. 

(e) An application must contain all requested materials 
to be complete. An incomplete application is active for 
three months from the date of a pplication. At the end of 
such time, if still incomplete, the application is void, the 
a pplicant is deemed to have discontinued the application 
process, and the applicant must totally reapply. 

Statutory Authority G.S. 90-270.4(h); 90-270.5(a); 
90-270.9; 90-270. 13 (a), (e). 

SECTION .2700 - HEALTH SERVICES 
PROVIDER CERTIFICATION 

.2704 HSP-P REQUIREMENTS 

(a) To be certified as a health services provider 
psychologist (HSP-P), a A licensed psychologist holding 
permanent North Carolina licensure shall be qualified by 
education as defined in Paragraph (b) of this Rule and 
shall have completed two years of supervised expierience, 
of which at least one year shall be jxist-doctoraU^ These 
two years of experience shall meet the criteria specified 
in Paragraphs (c) and (d) of this Rule, or in Paragraph 
(e) of this Rule, to b e c e rtifi e d as a h e alth oervicoo 
provid e r p o yohologist (HSP P). An applicant shall 
submit a completed, notarized application form and 
provide documentation of meeting health services 
provider requirements. 

(b) An a pplicant shall demonstrate that he/she is 
qualified Qualified by education to provide health 
services by meeting one of the following criteria: means 
a doctoral d e gr ee in olinioal psychology, oouno e ling 
po)'oholog)', school ps>'oholog)', or oth e r doctoral d e gr ee 
based on a planned and dirootod program of studios 
providing training in the provision of health sor i 'iccs in 
psychology. — Qualifying dogrooo are ao followo: 

(1) is a pproved for listing, or is listed, thos e 
hold by individuals who are aecoptod for 
listing in the National Register of Health 



930 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



PROPOSED RULES 



I 



) 



\ 



Service Providers in Psychology; 

(2) is a diploma te tbooo hold by individunlo who 
arc r e oogniz e d as diplomnt e s in good stand- 
ing of the American Board of Professional 
Psychology in Clinical Psychology, Counsel- 
ing Psychology, or School Psychology; 

(3) is a graduate from a doctoral program which 
was those hold by graduatoo from doctoral 
programs which are fully accredited at the 
time of the applicant's graduation by the 
American Psychological Association in Clini- 
cal Psychology, Counseling Psychology, 
School Psychology, or Combined Profes- 
sional-Scientific Psychology! or and whioh 
inoltid e an internship aoor e ditod by th e Am e r 
ican Poychologioal Association; 

{4} has an academic foundation in the provision 
of health services as defined in Rule .2701(a) 
of this Section. 

f4) if applying before January 1, 2001, those 

hold by graduates from doctoral programs 
whioh are fully aoorodit e d at the tim e of th e 
applioant's — graduation — by — the — Am e rioan 
Ps)'cbologioal j\aeociation in School Psychol 
ogy and which include an internship meeting 
th e guidelineo of the Council of Dir e otoro of 
Sohool Po)'oholog>' Programo oo docum e nt e d 
by the program chair; 

{S) those hold by graduates who received doe 

toral d e grooo prior to 1 9 79 from programs 
whioh includ e oouroe work whioh d e mon 
s trates an academic foundation in the provi 
sion of health services as definod in Rule 
■ 2701(a) of this Section, and whioh includ e 
th e e quivalent of a on e y e ar sup e P i 'io e d 
internship in on American — Psychological 
Association accredited program providing 
h e alth o e rs'lo e s, in a Veterono Administration 
s e tting providing health o e r i 'io e o, or at a sit e 
providing health sor i 'icos which was 3f > ocifi 
cally acceptflblo to the applicant's doctoral 
training program; or 

(6) thoQO hold by graduat e s from doctoral d e 

greo, or from doctoral retraining, programs 
in ps)'chology at institutions of higher oduoa 
tion whioh include oouroe work v i 'hioh dem 
onotrateo — aft — acad e mic — foundation — m — the 
provision of health sor i 'ioes as defined in 
Rule .2701(a) of this Section, and which 
includ e on e y e ar of training in an organiz e d 
h e alth s e rvic e s program mooting all of th e 
following criteria: 
(A) — The training shall bo a planned and directed 
program in th e provision of h e alth o e ri i 'io e o. 
in contrast to "on th e job" training, and 
shall provide the trainoo with a planned, 
programmed sequence of training oxpori 



(B) — Th e training site shall hav e a > * 'ritten otato 
m e nt or brochur e whioh d e ooriboo its train 
ing program and is made available to pro 
spoctive traineee. 

{G) — TralnooG shall b e d e signat e d oo "int e rns," 
follows," or — "residents," — or hold other 
designation which clearly indicates traia iflg 
status. 

^©) — Th e training sit e shall hav e a minimum of 
tv ^ 'o students who are trainooo during tbo 
applicant's training p>ori edr 

(E) — The training shall be completed within 2 4 
months. 

(F) — The training shall consist of at least 1500 
hours of practice. 

(G) — At least 25 % of the training shall be spwnt 
in th e provision of direct h e alth s e rvio e s. as 
d e fin e d in Rul e ■2701(a) of this S e ction, to 
patients or clients socking assessment or 
treatment. 

fH) — Up to 25% of th e training may b e com 

pris e d of r e s e arch aotivitiao. 
(I) — The training site shall have a minimum of 
two doctorally trained licensed, cortified, 
or license e ligibl e f>6yohologists on the staff 
ao supervisors who hav e ongoing contact 
with the trainee. 

(J) — The training shall bo under the direction of 
a lic e ns e d, — c e rtifi e d, or licons e e ligibl e 
doctorally trained psyohologist who is on 
the staff of the training site, who approves 
and monitors the training, who is familiar 
with the training sit e 's purpos e s and funo 
tions, who has ongoing contact with th e 
trainee, and who agrees to assume respon 
sibility for the quality, suitability, and 
impl e m e ntation of th e training e xp e ri e nc e . 

(K) — TTi e training shall provid e a minimum of 
twe — hours — per — week — ef — individual 
face to face — discussion of the trainee's 
practic e , with th e opooifio int e nt of ov e rs ee 
ing th e h e alth oeP i 'ioes rend e r e d by th e 
trainee. — Supervision may bo provided in 
part by psychiatrists, social workers, or 
other mental health prof e ssionals qualified 
by th e training site, but at l e ast 50% of 
super » 'ision shall be provided by licensed, 
cortified, — ef — license eligible — doctorally 
train e d psychologists. 

(fe) — In additional to individual sup e rvision, th e 
training sit e shall provide a minimum of 
two hours per week of instruction which 
may b e m e t by group sup e rvision, assign e d 
reading, s e minars, and similarly oonstitutod 
organized training oxywriencos. 
(o) An applicant shall demonstrate at least t^'o years 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



931 



PROPOSED RULES 



of Buporvisod health aorviooo oxporionoo, of which at 
loaot on e y e ar ohnll b e pootdootorol, oo doooribed in thio 

Paragraph. Mi applioont mooting th e r e quir e m e nts 

spocifiod in Subparagraph ("b)(l) or (h){2) of ttii s Rulo 
shall bo doomod to moot tho t^ ^ o year supor i 'isod oxpwri 
e nC' S r e quir e m e nt. — An applicant mooting th e int e rnship 
or organiEod health oep i 'iooo training program require 
montfl spocifiod in Subparagraph fb)(3), (b)( 4 ). fb)(5). or 
(b)(6) of this Rulo, shall bo doomed to moot one year of 
tho oupor < 'iood exporiono e r e quirem e nt and shall domon 
strat a — an — additional — yeaf — of oupeP i 'is e d — e xp e ri e no e 
mooting all of tho following oritoria: 

f4^ Tho oxporionco shall occur after all require 

nwnto for th e doctoral d e gr e e ar e compl e t e d. 

f3) Tho e xporiono e shall consist of a minimum 

of ono calendar yoar and include 1500 hours 
of 9up>orvi3od oxporionco. 

(5) The experienc e shall b e compl e t e d within a 

oonsooutiv e four y e ar p e riod. 

f4) Tho 8Uf>orvision shall bo for tho diroct provi 

sion of health sor . 'ico9 in psychology, a s 
dofmed in Rule .2701(a) of this S e ction, by 
tho applicant to individuals or groups of 
clionts/pationts. 

(53 At least ono hour f>or wook of formal. 

face to fac e , individual sup e rvision shall have 
boon provided, e xc e pt that individual oupwn'i 
sion provided up until Juno 1. 1995. may 
have boon provided in two. two hour sos 
sions por month. 

f6) TTio sup e rvisor shall hav e been an appropri 

atoly — licensed — ef — oortifiod — psychologist, 
whoso liconso or certificate was in good 
standing. — in th e stat e wh e r e th e practic e 
occurr e d. 

(?) Tho supervisor, at tho time of supervision, 

shall not have been in a dual relationship 

with tho Dup e rs'is ee . e .g., spous e , other close 

rolativo, close personal fri e nd, or th e rapist. 

(c) Except as provided in Paragraph (e) of this Rule, 

an applicant shall demonstrate one year of supervised 

experience which meets the following requirements for 

an organized health services training program: 

(1) The training shall be a planned and directed 
program in the provision of health services. 
in contrast to "on the job" training, and shall 
provide the trainee with a planned, pro- 
grammed sequence of training experience. 

(2) The training site shall have a written state- 
ment or brochure which describes its training 
program and is made available to prospective 
trainees. 

(3) Trainees shall be designated as "interns," 
fellows," or "residents," or hold other desig- 
nation which clearly indicates training status. 

(4) The training shall be completed within 24 
months. 



(5J 
(6} 

m 

£8} 
(9} 



The training shall consist of at least 1500 
hours of practice. 

At least 25% of the training shall be spent in 
the provision of direct health services, as 
defined in Rule .2701(a) of this Section, to 
patients or clients seeking assessment or 
treatment. 

Up to 25% of the training may be comprised 
of research activities. 

There shall be a minimum of two doctorally 
trained licensed, certified, or license eligible 
psychologists at the training site as supervi- 
sors who have ongoing contact with the 
trainee. 



The training shall be under the direction of a 
licensed, certified, or license eligible 
doctorally trained psychologist who is on the 
staff of the training site, who approves and 
monitors the training, who is familiar with 
the training site's purposes and functions, 
who has ongoing contact with the trainee. 
and who agrees to assume responsibility for 
the quaUty, suitability, and implementation of 
the training experience. 

(10) The training shall provide a minimum of two 
hours per week of individual face-to-face 
discussion of the trainee's practice, with the 
specific intent of overseeing the health ser- 
vices rendered by the trainee. Supervision 
may be provided in part by psychiatrists, 
social workers, or other mental health pro- 
fessionals qualified by the training site, but at 
least 50% of supervision shall be provided 
by licensed, certified, or license-eligible 
doctorally trained psychologists. 

(11) In additional to individual supervision, the 
training site shall provide a minimum of two 
hours per week of instruction which may be 
met by group supervision, assigned reading, 
seminars, and similarly constituted organized 
training experiences. 

This specified year of supervised experience may be 
obtained at a predoctoral level, provided that an addi- 
tional year of supervised experience as defined in 
Paragraph (d) of this Rule is obtained at a post-doctoral 
level. Internships accepted for listing in the National 
Register of Health Service Providers in Psychology and 
internships accredited by the American Psychological 
Association in Clinical Psychology, Counseling Psychol- 
ogy, or School Psychology shall be deemed to meet the 
requirements in this Paragraph. 

(d) An applicant shall demonstrate one year of super- 
vised experience which meets the following require- 
ments: 

(1) The experience shall consist of a minimum 
of one calendar year and include 1500 hours 
of supervised experience. 



932 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



PROPOSED RULES 



in 



£4} 



£5} 



The experience shall be completed within a 
consecutive four-year period. 
The supervision shall be for the direct provi- 
sion of health services in psychology, as 
defined in Rule .2701(3) of this Section, by 
the applicant to individuals or groups of 
clients/patients. 

At least one hour per week of formal, 
face-to-face, individual supervision shall have 
been provided, except that individual supervi- 
sion provided up until June \^ 1995. may 
have been provided in two, two-hour ses- 
sions per month. 

The supervisor shall have been an appropri- 
ately licensed or certified psychologist, 
whose license or certificate was in good 
standing, in the state where the practice 
occurred. 



£6} 



The supervisor, at the time of supervision, 
shall not have been in a dual relationship 
with the supervisee, e.g.. spouse, other close 
relative, close personal friend, or therapist. 
This specified year of supervised experience may be 
obtained at a predoctoral level, provided that an addi- 
tional year of supervised experience as defined in 
Paragraph (c) of this Rule is obtained at a post-doctoral 
level. 

(e) An a pplicant who holds a provisional license as a 
Licensed Psychologist in North Carolina on the effective 
date of this Rule shall not be required to have had one 
year of supervised experience which meets the require- 
ments of an organized health services training program 
as specified in Paragraph (c) of this Rule, but shall have 
completed two years of supervised experience, of which 
at least one year shall be post-doctoral, as defined in 
Paragraph (d) of this Rule. 

(f) An applicant who documents that he/she meets any 
one of the following criteria shall be deemed to meet all 
requirements of this Rule for certification as a health 
services provider psychologist (HSP-P): 

(1) is a pproved for listing, or is listed, in the 
National Register of Health Service Provid- 
ers in Psychology. 

is a diplomate in good standing of the Ameri- 
can Board of Professional Psychology in 
Clinical Psychology. Counseling Psychology. 
or School Psychology: 
is a graduate from a doctoral program which 
was accredited at the time of the applicant's 
graduation by the American Psychological 
Association in Clinical Psychology. Counsel- 
ing Psychology. School Psychology, or 
Combined Professional-Scientific Psychology 
and which included an internship accredited 
by the American Psychological Association, 
and who completes a postdoctoral year of 
supervised experience as defined in either 



£21 



£3} 



Paragraph (c) or £d} of this Rule; 

(4) if a pplying before January J_^ 2001. is a 
graduate from a doctoral program which was 
fully accredited at the time of the a pplicant's 
graduation by the American Psychological 
Association in School Psychology and which 
Included an internship meeting the guidelines 
of the Council of Directors of School Psy- 
chology Programs as documented by the 
program chair, and who completes a f>ostdoc- 
toral year of supervised experience as de- 
fined in either Paragraph (c) or £d} of this 
Rule; or 

(5) is a graduate who received a doctoral degree 
prior to 1979 from a program which included 
course work which demonstrates an academic 
foundation in die provision of health services 
as defined in Rule .2701(a) of this Section, 
and which included the equivalent of a one 
year supervised internship in an American 
Psychological Association accredited program 
providing health services, in a Veterans 
Administration setting providing health ser- 
vices, or at a site providing health services 
which was specifically acceptable to the 
applicant's doctoral training program, and 
who completes a postdoctoral year of super- 
vised experience as defined in either Para- 
graph £c} or £d} of this Rule; or 

(6) is approved for licensure under senior psy- 
chologist requirements specified in 21_ NCAC 
54 .1707 and demonstrates that at least 25% 
of his/her qualifying practice has been in the 
provision of direct health services, as defined 
in Rule .2101(a) of this Section. 

(g) {d)An applicant applying under Subparagraph 
(fef)(l) of this Rule, and who has not yet been approved 
for listing in the National Register of Health Service 
Providers in Psychology, shall be permitted to file an 
affidavit verifying that he/she qualifies for listing in the 
Register. Upon receipt of this affidavit, the Board may 
issue a health services provider certificate, conditioned 
upon receipt of a letter from the Register within sixty 
(60) days of receipt of the affidavit which confirms 
approval for, or listing in. the Register. An extension of 
the sixty (60) days may be granted upon showing that 
additional time is needed for application review by the 
National Register of Health Service Providers. 

(h) (e)An applicant for health services provider 
certification who knowingly provides false or fraudulent 
information to the Board with respect to his/her applica- 
tion, or who fails to provide the notification from the 
National Register of Health Service Providers in Psy- 
chology where required, shall be subject to disciplinary 
action by the Board, including revocation of licensure 
and the health services provider certificate. 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



933 



PROPOSED RULES 



Statutory Authority G.S. 90-270.9; 90-270. 15(a)(3); 
90-270. 15(a)(22); 90-270.20(b). 

.llfSS HSP-PP REQUIREMENTS 

(a) To be certified as a health services provider 
psychologist (HSP-PP), a A licensed psychologist 
holding provisional North Carolina licensure shall be 
qualified by education^, to bo cortifiod oo a hoalth sor 
vicoB providor ps)'chologiot (proviaional) (HSP PP). An 
applicant shall submit a completed, notarized application 
form and provide documentation of meeting health 
services provider requirements. 

(b) An applicant shall demonstrate that he/she is 
qualified Qualifi e d by education to provide health 
services by meeting one of the criteria defined in Rule 
.2704(b) of this Section. mooDB a doctoral degre e in 
clinical — psychology, — counseling — psychology, — school 
pG)'oholog)', or oth e r doctoral d e gr ee bas e d on a planned 
and dirootod program of atudi e o providing training 4g-tbe 
provision of hoalth 9er . 'ioos in psychology. — Qualify' ing 
dogroes aro as dofinod in Paragraph (b) of Rule .2701 of 
thio Section. 

Statutory Authority G.S. 90-270.9; 9O-270.20(d). 

.2706 HSP-PA REQUIREMENTS 

(a) To be certified as a health services provider 
psychologist psychological associate (HSP-PA), a A 
North Carolina Ucensed psychological associate shall be 
qualified by education^ to be oortifiod oo a h e alth o e r 
vic e s provid e r peyohologioal aooooiat e (HSP PA). An 
applicant shall submit a completed, notarized application 
form and provide documentation of meeting health 
services provider requirements. 

(b) An a pplicant shall demonstrate that he/she holds a 
master's, specialist, or doctoral degree which provides 
an academic foundation in the provision of health 
services as defined in Rule .2701(a) of this Section. 
Qualifi e d by e ducation m e ans a moot e r's, sp e cialist, or 
doctoral — dogroo — m — clinical — psychology, — counseling 
psychology, school psychology, rohabilitntion psychol 
ogy, n e uropsychology, h e alth psychology, or appli e d 
d e v e lopm e ntal psychology. — Psychological Associates 
who receive their degrees during or after 1997 shall 
document that their degree program included an intern- 
ship, extemship, or practicum at a site providing health 
services which meets all the following criteria: 

(1) The internship, extemship, or practicum shall 
have been in a planned and directed program 
of training in health services, in contrast to 
on-the-job training, and shall have provided 
the trainee with a planned and directed se- 
quence of training integrated with the educa- 
tional program in which the individual was 
enrolled. 

(2) The internship, extemship, or practicum site 
shall have had a clearly designated and 



appropriately licensed psychologist who was 
respKDnsible for the integrity and quality of 
the training program. 

(3) Typically, the internship, extemship, or 
practicum shall have been comprised of the 
equivalent of at least one semester's training 
and shall have been a minimum of 12 weeks 
and 200 hours of supervised training. 

(4) The internship, extemship, or practicum shall 
have had a written program description 
detailing its functioning and shall have been 
approved by the applicant's training program 
prior to its occurrence. 

(5) The internship, extemship, or practicum shall 
have provided a minimum of one hour per 
week of individual face-to-face, regularly 
scheduled supervision with the specific intent 
of overseeing the health services rendered by 
the trainee. 

(6) At least 50% of the training shall have been 
spent in the provision of direct health ser- 
vices to patients or clients seeking assessment 
of treatment, and shall have been comprised 
of a range of assessment and treatment inter- 
ventions. 

(7) Supervision may have been provided in part 
by psychiatrists, social workers, or other 
mental health professionals qualified by the 
training site, but at least 50% of supervision 
shall have been provided by an appropriately 
licensed and/or certified psychologist. 

(8) Persons enrolled in the Internship, extemship 
or practicum shall have been designated as 
"Interns", "extems", or "practicum students" 
or hold other designation which clearly 
indicated training status. 

(c) An applicant who is a pproved for licensure as a 
Psychological Associate under senior psychologist 
requirements specified in 21 NCAC 54 . 1707 and 
demonstrates that at least 25% of his/her qualifying 
practice has been in the provision of direct health 
services, as defined in Rule .2101(a) of this Section, 
shall be deemed to meet all requirements of this Rule for 
certification as a health services provider psychological 
associate (HSP-PA). 

Statutory Authority G.S. 90-270.9; 90-270. 13(c); 
90-270.'20(c). 

CHAPTER 56 - BOARD OF PROFESSIONAL 
ENGINEERS AND LAND SURVEYORS 

Notice is hereby given in accordance with G.S. 
I50B-21.2 that the North Carolina State Board of 
Registration for Professional Engineers and Land Survey- 



934 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



PROPOSED RULES 



ors intends to adopt rules cited as 21 NCAC 56 . 1608, 
.1713; amend 21 NCAC 56 .0802, .0804, .0902, .1103, 
.1301, .1602, .1604, .1707 and .1712. 

Proposed Effective Date: December 1, 1995. 

A Public Hearing will be conducted at 9:00 a.m. on 
October 13, 1995 at the Board Room, 3620 Six Forks 
Road, Suite 300, Raleigh, NC 27609-7197. 

Reason for Proposed Action: 

21 NCAC 56 .0802, .0804 and .0902 - To conform rules 

with recent statutory changes. 

21 NCAC 56 .1103 - To clarify rule with regard to 

advances in computer drafting technologies. 

21 NCAC 56 .1301 - To make procedural changes and 

technical corrections to Board disciplinary procedures. 

21 NCAC 56 .1602 and .1604 - To make technical 

changes to the requirements for boundary surveys 

petformed to North Carolina. 

21 NCAC 56 .1608 - To adopt standard procedures for 

LIS/GIS surveys performed in North Carolina. 

21 NCAC 56 .1707 - To make a technical change in the 

exemptions to the requirements for Continuing Education. 

21 NCAC 56 .1712 - To clarify the means by which the 

Board will determine compliance with annual Continuing 

Education requirements. 

21 NCAC 56 .1713 - To adopt procedures for Sponsors 

of Continuing Education activities. 

Comment Procedures: Interested persons may present 
their comments either orally or in writing at the hearing 
to be held as indicated above. Written statements not 
presented at the hearing should be submitted to the 
Board office prior to October 2, 1995. 

Fiscal Note: These Rules do not affect the expenditures 
or revenues of local government or state funds. 

SECTION .0800 - FIRM REGISTRATION 

.0802 PROCEDURE 

(a) Professional Corporations and Limited Liability 
Companies: 

(1) (ft) Request. A request for an application for 
registration as a professional corporation or 
professional limited liability company en- 
gaged in the practice of engineering or land 
surveying may be made at the Board address. 

(2) (b) Applicable Form. All professional cor- 
porations and professional limited liability 
companies complying with the statutory 
requirements of G.S. 89C, G.S. 55B and 
G.S. 57C which desire to practice engineer- 
ing or land surveying shall apply by using a 
form prepared by the Board. This form 
requires the applicant, by and through its 



prosidont or marm gef an officer, director and 
shareholder of the professional corporation or 
limited liability company who is currently 
licensed with the North Carolina State Board 
of Registration for Professional Engineers 
and Land Surveyors in the Field(s) of profes- 
sional services to be offered , to certify that it 
and the stockholders of the corporation or 
members of the limited liability company 
have complied with the provisions of the 
applicable provisions of the General Statutes 
and requires that the officers, directors, 
shareholders, members and professional 
employees be listed on that application. 
(3) fe) Certificate of Registration: 

(A) (4) Upon receiving the application with 
registration fee of fifty dollars ($50.00), 
the Board, after determining that the firm 
has complied with the statutory require- 
ments, wUl then issue a certificate of com- 
pliance. 

(B) (^ The firm, then, must forward the certif- 
icate of compliance to the Secretary of 
State along with its articles of incorporation 
or articles of organization. 

(C) (^ Uf>on approval by the Secretary of 
State, the firm then must forward to the 
Board a certified copy of its articles of 
incorporation or articles of organization. 

(D) (4) Upon receipt of the certified copy of 
the articles of the firm, if all statutory 
requirements have been met, the Board will 
approve the application and issue the firm 
a certificate of registration. 

(b) Business Firms: 

(1) Request. A request for an application for 
registration as a business firm engaged in the 
practice of engineering or land surveying 
may be made at the Board address. 

(2) A pplicable Form. All business firms which 
desire to practice engineering or land survey- 
ing shall apply by using a form prepared by 
the Board. The form requires the applicant, 
through a principal officer, partner or owner. 
to certify that the business firm will be 
op>erated in compliance with the laws of the 
State of North Carolina and the regulations 
of the North Carolina State Board of Regis- 
tration for Professional Engineers and Land 
Surveyors. 

(c) Certificate of Registration. Upon receiving the 
a pplication with registration fee of fifty dollars ($50.00). 
the Board, after determining that the firm has complied 
with the statutory requirements, will then issue a certifi- 
cate of registration. 

Statutory Authority G.S. 55B-10; 55B-11; 57C-2.01; 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



935 



PROPOSED RULES 



89C-10; 89C-24. 

.0804 ANNUAL RENEWAL 

(a) Renewal. The certificate of registration for a 
professional corporation^, aad limited liability company 
or business firm shall be renewed annually. 

(b) Expiration. The certificate of registration shall 
expire on the last day of Dccombor June following its 
issuance by the Board and shall become invalid on that 
date unless renewed. 

(c) Written Application. Upon written application 
signed by its proaidont or manager on a renewal form 
prescribed by the Board accompanied by the prescribed 
fee of twenty five dollars ($25.00), the Board shall 
renew the certificate of registration providing that the 
firm has complied with all rules of the Board and 
appUcable General Statutes of North Carolina. The form 
will be mailed to all registrants in good standing prior to 
the ond of th e calendar y e ar no later than June 1st . 

(d) Failure of a firm to renew its certificate of regis- 
tration within one calondor year of the expiration date 
shall require the firm to submit a new application for a 
new certificate of registration in accordance with all 
requirements of these rules and of all applicable statutes. 

Statutory Authority G.S. 55B-10; 55B-11; 57C-2.01; 
89C-10; 89C-24. 

SECTION .0900 BUSES[ESS 
ORGANIZATIONS: GENERAL 

.0902 TITLES OF BUSINESS ORGANIZATIONS 

(a) Companies, partnerships, corporations, limited 
liability companies or any other business organization 
providing professional engineering or land surveying 
services in North Carolina shall not practice under a 
name that is misleading. Except as provided below, the 
title of engineering or land surveying companies, part- 
nerships, ef corporations, limited liability companies or 
any other business organization organized primarily to 
provide such professional services shall not contain the 
name of an individual not registered in North Carolina 
to provide the professional services offered or eligible 
for registration under the provisions of G.S. 89C-13 . 

fb) A firm may include in its title the name or names 
of one or more deceased or retired former members of 
the firm, provided that the firm submit a letter of request 
and explanation with its application to the Board, and 
that the Board finds as a fact that the use of the name is 
not misleading. 

(c) A business organization shall not change its title, 
or operate under an assumed name, without first apply- 
in g to the Board for a determination that the proposed 
title meets the requirements of Paragraph (a) of this 
Rule. Requests for name changes shall be made in 
writing on a form provided by the Board for this pur- 
pose. 



Statutory Authority G.S. 55B-5; 57C-2.01; 89C-10; 
89C-24. 



SECTION .1100 -SEAL 



.1103 



(1) 

(2) 

(3) 
(4) 



STANDARD CERTmCATION 
REQUIREMENTS 

(a) Certification. The seal of a registrant on a map, 
drawing, plan, specification, plat, or report shall signify 
that it is the final work of the registrant unless the work 
is stamped or clearly marked as "preliminary work" as 
follows: 

"Preliminary - Do not use for construction", 
"Progress Drawings - Do not use for con- 
struction", 

"Preliminary Plat - Not for recordation, 
conveyances, or sales", 
"Final Drawing - Not released for construc- 
tion". 

(b) Certification of Final Drawings. Certification is 
not required for "preliminary work. " All other drawings 
or maps shall conform to the following: 

(1) Certification is required on reproducibles or 
original drawings. 

(2) The seal may be a rubber stamp, embossed 
seal, computer-generated seal, or other 
facsimile found acceptable to the Board that 
becomes a permanent addition to a plan sheet 
or map . 

(3) The registrant's signature must be placed 
over, or near, the seal on the original docu- 
ment. 

(4) The date of signing must be annotated on the 
original document. 

(5) All sheets of engineering and surveying 
drawings must be sealed. 

(6) Th e R e giotered Land Sun' e yor who p e rformo 
a oup i ' e y will b e id e ntifiod by name and 
rogiatration — numbor in all — portinont — title 
descriptions or other tochnical documonts. 
TTie name and address of the registrant's 
firm will be included on each sheet of engi- 
neering drawings. For surveys, the regis- 
trant's name and address will be included on 
the first sheet of the survey or title sheet. 

(c) Certification of Specifications and Reports. 
Certification is not required for "preliminary work. " All 
other specifications and reports shall conform to the 
following: 

(1) Certification is required on original specifica- 
tions. 

(2) The seal may be a rubber stamp, or other 
facsimile. 

(3) The registrant's signature must be placed 
over, or near, the seal on the original docu- 
ment. 



936 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



PROPOSED RULES 



(4) The date of signing must be annotated on the 
original document. 

(5) The title sheet of engineering specifications 
or other reports must be sealed and bear the 
name and address of the registrant's firm. 
The title sheet of any survey report or writ- 
ten description of property will include the 
name and address of the Registered Land 
Surveyor. 

(d) Electronically transmitted drawings. Drawings 
that are transmitted electronically to a client or a govern- 
mental agency shall have the computer-generated seal 
removed from the original file. The electronic media 
shall have the following inserted in lieu of the signature 
and date: 

This document originally issued and sealed by 
(name of sealer), (registration number), on (Date of 
sealing). This media should not be considered a certi- 
fied document. 

Statutory Authority G.S. 89C-10; 89C-16. 

SECTION .1300 - BOARD 
DISCIPLINARY PROCEDURES 

.1301 IMPROPER PRACTICE BY A 
REGISTRANT 

(a) General. Alleged improper practice by a registrant 
shall be subject to Board investigation and disciplinary 
action by the Board if necessary. 

(b) Preferring Charges. Any person who believes that 
any licensed Professional Engineer^ ef Registered Land 
Surveyor or corporation firm holding a certificate of 
authorization is in violation of the provisions of G.S. 
89C or these rules may prefer charges against that 
person or corporation firm by setting forth in writing 
those charges and swearing to their authenticity. The 
charges are to be filed at the Board's office in Raleigh, 
North Carolina. 

(c) Preliminary or Threshold Determination: 

(1) Upon receipt of a properly filed charge, an 
investigation is initiated. 

(2) A written notice and explanation of the 
charge is forwarded to the person or corpora 
ties firm against whom the charge is made 
and a response is requested of the person or 
oorpomtion firm so charged to show compli- 
ance with all lawful requirements for reten- 
tion of the license. Notice of the charge and 
of the alleged facts or alleged conduct shall 
be given personally or by certified mail, 
return receipt requested. 

(3) In the discretion of the executive secretary, 
a field investigation may be performed. 

(4) After preliminary evidence has been ob- 
tained, the matter is referred to the Board's 
review committee which is made up of the 



following individuals: 

(A) one member of the Board, 

(B) the legal counsel of the Board, and 

(C) the executive secretary of the Boards 
(B) — the violationa adminigtrat efr 

(5) The roviow oommitt ee is 9p> e oifioally d e l e 
gatod tho rooponsibihty of d e t e rminmg, prior 
to a formal hoaring, whether or not a charge 
\n unfounded or trivial. 

(5) ^ Upon review of the available evidence, 
the review committee makes a threshold 
determination of the charges brought. The 
review committee then presents to the Board 
written recommendations that: 

(A) The investigation be continued; 

(B) The charge be dismissed as unfounded or 
trivial; 

(C) When the charge is admitted as true, the 
Board accept the admission of guilt by the 
person charged and order him not to com- 
mit in the future the specific act or acts 
admitted by him and, also, not to violate 
any of the acts of misconduct specified in 
the law at any time in the future; 

(D) The charge, whether admitted or denied, be 
presented to the full Board for a hearing 
and determination by the Board on the 
merits of the charge in accordance with the 
substantive and procedural requirements of 
the provisions of Section .1400 of this 
Chapter and the provisions of G.S. 150B; 
or 

(E) When tho charge is apparently a minor 
violation, th e The Board give notice to the 
registrant of a decision without hearing as 
set out in Rule .1403 (b). 

(d) Board Decision. Notice of the decision by the 
Board on recommendations of the review committee 
shall be given to the party against whom the charges 
have been brought and the party submitting the charge. 
Though it is not forbidden to do so, the Board is not 
required to notify the parties of the reasons of the Board 
in making its determination. 

(e) Settlement Conference. When the Board issues a 
citation for hearing or notice of a decision without 
hearing, the registrant may request in writing a settle- 
ment conference to pursue resolution of the issue(s) 
through informal procedures. If after the completion of 
a settlement conference the registrant and Board's 
settlement committee do not agree to a resolution of the 
dispute for the full Board's consideration, the original 
administrative proceeding will commence. During the 
course of the settlement conference, no sworn testimony 
will be taken or will any witnesses be cross-examined. 

The Board's settlement committee will be made up of 
the following individuals: 

(1) The member of the Board who served on the 



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NORTH CAROLINA REGISTER 



September 1, 1995 



937 



PROPOSED RULES 



review conunittee, 

(2) one public member from the Board. 

(3) the legal counsel of the Board, and 

(4) the executive secretary of the Board. 

Statutory Authority G.S. 89C-10; 89C-21; 89C-22. 

SECTION .1600 - STANDARDS OF 

PRACTICE FOR LAND SURVEYING 

IN NORTH CAROLEMA 

.1602 SURVEYING PROCEDURES 

(a) A Registered Land Surveyor shall spend the 
necessary time and effort to make adequate investigation 
to determine if there are encroachments, gaps, lappages, 
or other boundary evidence along each line he surveys. 
Points can be placed on the line from nearby closed or 
verified traverses and the necessary investigations made 
from these points. If these investigations are not made, 
then the surveyor cannot certify to an actual survey of 
that line and his plat must contain the appropriate 
qualifications in accordance with these standards. 

(h) Any and all visible and/or recorded encroachments 
on the property being surveyed shall be accurately 
located and clearly indicated. 

(c) Except as provided in Paragraph (d) of this Rule, 
metal M e tal stakes or materials of comparable perma- 
nence shall be placed at all comers. 

(d) Where a comer or important point falls in a 
right-of-way, in a tree, in a stream, or on a fence post, 
boulder, stone, etc., one or more monuments or metal 
stakes shall be placed in the boundary line so that the 
inaccessible point may be located accurately on the 
ground and the map. 

(e) The results of a survey when reported to the user 
of that survey, whether in written or graphic form, shall 
be prepared in a clear and factual manner. All reference 
sources shall be identified. Artificial monuments called 
for in such reports shall be described as found or set. 
When no monument is found or set for points shown in 
such reports, that fact shall be noted. 

(f) Where the results of a survey are reported in the 
form of a plat or a written description, one or more 
comers shall, by a system of azimuths or courses and 
distances, be accurately tied to and coordinated with a 
horizontal control monument of some United States or 
State Agency survey system, such as the North Carolina 
Geodetic Sur\'ey, where such monument is within 2000 
feet of the subject property, right-of-way, easement or 
other surveyed entity. Where the North Carolina grid 
system coordinates of said monument are on file in the 
North Carolina Department of Environment, Health, and 
Natural Resources, the coordinates of both the refer- 
enced comer or point and the monument(s) shall be 
shown in X (easting) and Y (northing) coordinates on the 
plat or in the written description or document. The 
coordinates shall be identified as based on 'NAD 83', 



indicating North American Datum of 1983 or as 'NAD 
27', indicating North American Datum of 1927. The tie 
lines to the monuments must be sufficient to establish 
true north or grid north bearings for the plat or descrip- 
tion if the monuments exist in pairs. Control monuments 
within a previously recorded subdivision may be used in 
lieu of grid control. In the interest of bearing consis- 
tency with previously recorded plats, existing bearing 
control may be used where practical. In the absence of 
Grid Control, other natural or artificial monuments or 
land marks shall be used. In all cases, the tie lines shall 
be sufficient to accurately reproduce the subject lands 
from the control or reference points used. 

(g) Area is to be computed by double meridian 
distance or equally accurate method and shown on the 
face of the plat, written description or other document. 
Area computations by estimation, by planimeter. by 
scale, or by copying from another source are not accept- 
able methods, except in the case of tracts containing 
inaccessible areas and in these areas the method of 
computation will be clearly stated. 

Statutory Authority G.S. 89C-10; 89C-21. 

.1604 MAPPING REQUIREMENTS FOR 
BOUNDARY SURVEYS 

(a) The size of a map shall be such that all details can 
be shown clearly. 

(b) Any lines which are not actually surveyed must be 
clearly indicated on the map and a statement included 
revealing the source of information from which the line 
is derived. 

(c) Any revision on a map after a surveyor's seal is 
affixed shall be noted and dated. 

(d) All surveys based on the North Carolina grid 
system shall contain a statement identifying the coordi- 
nate system used as the North American Datum of 1983 
("NAD 83") or the North American Datum of 1927 
("NAD 27"). 

(e) All plats (maps), unless clearly mariced as "Prelim- 
inary Plat - Not for recordation, conveyances, or sales" 
shall be sealed, signed and dated by the Registered Land 
Surveyor and shall contain the following: 

(1) An accurately positioned north arrow coordi- 
nated with any bearings shown on the plat. 
Indication shall be made as to whether the 
north index is true, magnetic. North Carolina 
grid ('NAD 83" or 'NAD 27'), or is refer- 
enced to old deed or plat bearings. If the 
north index is magnetic or referenced to old 
deed or plat bearings, the date and the source 
(if known) such index was originally deter- 
mined shall be clearly indicated. 

(2) The azimuth or courses and distances of 
every property line surveyed shall be shown. 
Distances shall be in feet or meters and 
decimals thereof. The numb)er of decimal 



938 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



PROPOSED RULES 



I 



> 



> 



places shall be appropriate to the class of 
survey required. 

(3) All plat lines shall be horizontal or grid 
measurements. All lines shown on the plat 
shall be correctly plotted to the scale shown. 
Enlargement of portions of a plat are accept- 
able in the interest of clarity, where shown 
as inserts. Where the North Carolina grid 
system is used the grid factor shall be shown 
on the face of the plat. If grid distances are 
used, it must be shown on the plat. 

(4) Where a boundary is formed by a curved 
line, the following data must be given: actual 
survey data, or as a traverse of bearings and 
distances around the curve. If standard 
curve data is used the bearing and distance of 
the long chord (from point of curvature to 
point of tangency) must be shown on the face 
of the plat. 

(5) Where a subdivision of land is set out on the 
plat, all streets and lots shall be accurately 
plotted with dimension lines indicating widths 
and all other information pertinent to retrac- 
ing all lines in the field. This shall include 
bearings and distances sufficient to form a 
continuous closure of the entire perimeter. 

(6) Where control comers have been established 
in compliance with G.S. 39-32.1, 39-32.2, 
39-32.3, and 39-32.4, as amended, the 
location and information as required in the 
reference statute shall be plotted on the plat. 
All other comers which are marked by 
monument or natural object shall be so 
identified on all plats, and where practical all 
comers of adjacent owners along the bound- 
ary lines of the subject tract which are 
marked by monument or natural object shall 
be shown. 

(7) The surveyor shall show one of the following 
where they could be determined: 

(A) The names of adjacent land owners; or 

(B) The lot, block, parcel and subdivision 
designations; or 

(C) Other legal reference where applicable. 

(8) AU visible and apparent rights-of-way, water- 
courses, utilities, roadways, and other such 
improvements shall be accurately located 
where crossing or forming any boundary line 
of the property shown. 

(9) Wh e r e th e plat io th e r e oult of a our^'ey, one 
or mor e oom e rs shall, by a oyot e m of ozi 
muths or couraoa and distoncos. bo accuratoly 
tiod to and coordinated with a horizontal 
control monum e nt of Dome Unit e d Stat e s or 
Stat e Ag e ncy ourv e y oyot e m, suoh as th e 
North Carolina Geodetic Survey, whoro ouch 
monument ia within 2.000 foot of the oubjoot 



proport)'. — Whoro tho North Carolina grid 
oyotem ooordinat e o of naid monum e nt are on 
file in th e North Carolina Departm e nt of 
Enviroomont, Hoalth, and Natural Rooourooa, 
tho ooordinatoe of both tho roforono e d comer 
and the monum e nto ohall b e s hown in X 
(eaoting) and Y (northing) ooordinateo on th e 
piah — Tho coordinates ahall bo identified as 
based on 'NAD 8 3', indicating North Ame ri- 
can Datum of 19 8 3, or as 'NAD 27', indioat 
ing North i\morioan Datum of 1927. — Th e ti e 
linos to tho monuments shall also bo suffi 
ciont to establish true north or grid north 
b e aringo for the plat if the monum e nto exiot 
in pairo. — Control monum e nto within a pr e vi 
ously rocordod subdivision, may bo used in 
liou of ties to grid control. — In tho intere s t of 
b e aring oonoiotenoy with pr e viously r e corded 
plats, e xisting b e aring control ohould b e us e d 
whoro practical. — In tho absence of Grid 
Control, or within a previously recorded 
subdivision, oth e r appropriat e natural monu 
m e nto or land marks shall b e uood. — In all 
case s , — tho tio linos shall bo sufficiont to 
accurately reproduce tho subject lands from 
th e control or r e f e r e nc e points used Tie lines 
as required and defined in Rule .1602(f) of 
this Section shall be clearly and accurately 
shown on the face of the plat, whether or not 
the plat is to be recorded. 
A vicinity map (location map) shall appear 
on the face of the plat. 
Each map shall contain the property designa- 
tion, name of owner or prospective owner, 
location (including township, county, and 
state), and the date or dates the survey was 
conducted. In addition each map will contain 
a scale of the drawing listed in words or 
figures, a bar-graph when required or neces- 
sary, the name, address, registration number, 
and seal of the surveyor, the title source and 
a legend depicting nomenclature. 
Ar e a on all closed surv e y s io to b e comput e d 
by double meridian distance or equally accu 
rote method. — Area computations by ostima 
tion, by plonim e t e r. by scal e , or by copying 
from anoth e r sourc e are not acceptabl e m e th 
ods, oxcopt in tho case of tract s containing 
inaocossiblo areas and in those areas tho 
m e thod of computation will b e cl e arly stat e d. 



Statutory Authority G.S. 89C-10; 89C-21. 

.1608 CLASSIFICATION/LAND INFORMATION 
SYSTEM/GEOGRAPHIC INFORMATION 
SYSTEM SURVEYS 

(a) General : Land Information System / Geographic 



(10) 
(H) 



fl5)- 



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NORTH CAROLINA REGISTER 



September 1, 1995 



939 



PROPOSED RULES 



Information system (US/GIS) surveys are defined as the 
measurement of existing surface and subsurface features 
for the purpose of determining their accurate geospatial 
location. All LIS/GIS Boundary and Geodetic Control 
surveys performed in North Carolina shall be performed 
by a Registered Land Surveyor licensed in North Caro- 
lina. For the purpose of specifying minimum allowable 
surveying standards, three general classifications of 
LIS/GIS surveys are established: 

(1) Urban and Suburban LIS/GIS surveys (Class 
A). Urban and suburban LIS/GIS surveys 
include the location of features within lands 
which he in or adjoining a town or city. For 
Class A LIS/GIS surveys in North Carolina, 
the relative accuracy shall be equal to or less 
than 0.5 meter (1.64 feet). 

{21 Rural LIS/GIS surveys (Class B). Rural 
LIS/GIS surveys include the location of 
features within lands which lie outside of 
suburban areas. For Class B LIS/GIS sur- 
veys in North Carolina, the relative accuracy 
shall be equal to or less than 2 meters (6.56 
feet). 
(3) Regional LIS/GIS surveys (Class C). Re- 
gional LIS/GIS surveys include the location 
of features within lands which lie in multi- 
county areas. For Class C LIS/GIS surveys 
in North Carolina, the relative accuracy shall 
be equal to or less than 5 meters (16.40 
feet), 
(b) TTie Registered Land Surveyor in responsible 
charge of the LIS/GIS boundary or geodetic control 
survey shall certify to all of the following in either 
written or digital form: 

£1} Class of US/GIS survey. 

(2) Method of measurement (i.e. global position- 
ing system, theodolite and electronic distance 
meter, transit and tape). 

(3) Date(s) of the survey. 

(4) Datum used for the survey. 

Statutory Authority G.S. 89C-10; 89C-21. 

SECTION .1700 - CONTINUING 
PROFESSIONAL COMPETENCY 

.1707 EXEMPTIONS 

A registrant may be exempt from the professional 
development educational requirements for one of the 
following reasons: 

(1) New registrants by way of examination or 
reciprocity shall be exempt for their first 
renewal period. 

(2) A registrant serving on temporary active duty 
in the arm e d fo feee uniformed services of the 
United States for a p>eriod of time exceeding 
120 consecutive days in a year shall be exempt 



from obtaining the professional development 
hours required during that year. 

(3) Registrants experiencing physical disability, 
illness, or other extenuating circumstances as 
reviewed and approved by the board may be 
exempt. Suppiorting documentation must be 
furnished to the board. 

(4) Registrants who list their occupation as "Inac- 
tive" on the board approved renewal form and 
who further certify that they are no longer 
receiving any remuneration from providing 
professional engineering or land surveying 
services shall be exempt from the professional 
development hours required. In the event such 
a person elects to return to active practice of 
professional engineering or land surveying, 
professional development hours must be earned 
in accordance with the requirements of Rule 
.1708 in this Section before returning to active 
practice for each year exempted not to exceed 
the annual requirement for two years. 

Statutory Authority G.S. 89C- 10(a); 89C-17. 

.1712 COMPLIANCE 

(a) Compliance with annual CPC requirements will be 
determined through an audit process conducted by the 
Board. Determination of individuals to be audited will 
be accomplished through a random selection process or 
as the result of information available to the Board. 
Individuals selected for auditing shall provide the Board 
with documentation of the CPC activities claimed for the 
renewal period, including but not limited to: 

(1) Attendance verification records in the form 
of transcripts, completion certificates, other 
documents su pporting evidence of atten- 
dance, or a log as defined in Rule. 1706 of 
this Section. 

(2) Information regarding course content, in- 
structors and sponsoring organization, for 
activities presented by other than approved 
sponsors as defined in Rule .1713 of this 
Section. 

(b) Attendance records must be maintained by individ- 
ual registrants for a period of three years for audit 
verification purposes. 

(c) Failure to comply with tbe annual CPC require- 
ments of this Section shall result in non-renewal. 

Statutory Authority G.S. 89C- 10(a); 89C-17. 

.1713 SPONSORS 

(a) TTie Board a pproves sponsors of CPC activities 
and not particular courses. The Board will maintain a 
list of sponsors which have agreed to conduct programs 
in accordance with the standards of CPC activities set 
forth in 2\ NCAC 56 .1700. Such sponsors shall 



940 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



PROPOSED RULES 







) 



indicate their agreement with the requirements by 
executing a Sponsor Agreement on a form provided by 
the Board. These sponsors will be designated as "Ap- 
proved Sponsors." 

(b) Bv entering into an agreement with the Board to 
be designated as ^ "Approved Sponsor. " the sponsor 
will agree to: 

(1) Allow persons designated by this Board to 
attend any or all courses, without fee or 
charge, for the purpose of determining that 
said course meets the standards of the Board. 

(2) Allow persons designated by this Board to 
review course material for the purpose of 
determining that said course meets the stan- 
dards of the Board. 

(3) State in every brochure, publication or an- 
nouncement concerning the course the gen- 
eral content of the course and the specific 
knowledge or skill to be taught or addressed. 
as well as the credit to be earned in Profes- 
sional Development Hours (PDH). 

£4} Ensure that the instructors or presenters of 
the course or program are qualified to teach 
the subject matter. 

(5) Provide persons completing the course with 
written documentation attesting to that 
person's attendance to the course, as well as 
the name of the course, the date and location 
held, the instructor's name and the number 



of PDHs earned. 



(6) Submit quarterly reports to the Board which 
shall include the sponsor's name, the name 
of the course, the date and location held, the 
instructor's name, the number of PDHs 
earned and a list of attendees. 

(7) Have a visible, continuous and identifiable 
contact person who is charged with the 
administration of the sponsor's CPC program 
and who has the responsibility for assuring 
and demonstrating to the Board compliance 
with these Rules, as well as for any other 
organization working with the sponsor for 
the development, distribution and/or presen- 
tation of CPC courses or activities. 

(8) Retain for a period of three years a copy of 
the above documentation. 

(c) Sponsors must renew annually on a form provided 
by the Board. 

id) Failure of an approved sponsor to comply with the 
terms of the CPC sponsor agreement shall be grounds 
for the Board to revoke, suspend or terminate the 
agreement, to remove the sponsor's name from the list 
of approved sponsors and to notify the public of such 
action. 

Statutory Authority G.S. 89C- 10(a); 89C-17. 



) 



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NORTH CAROLINA REGISTER 



September 1, 1995 



941 



RRC OBJECTIONS 



1 he Rules Review Commission (RRC) objeaed to the following rules in accordance with G.S. 150B-21.9(a). State 
agencies are required to respond to RRC as provided in G.S. 150B-21. 12(a). 



DEPARTME^^^ OF COMMUNITY COLLEGES 

Community Colleges 

23 NCAC 2C .0604 - Program Review 
Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Environmental Management 

15A NCAC 2B .0202 - Definitions 

Agency Revised Rule 
15A NCAC 2B .0211 - Fresh Surface Water Quality Stds. for Class C Waters 

Agency Revised Rule (Noticed in 9:23, 1979) 
15A NCAC 2H . 1003 - Coastal Stormwater Disposal 

Agency Revised Rule 
15A NCAC 2H . 1008 - Design of Stormwater Management Measures 

Agency Revised Rule 

Health: Epidemiology 

15 A NCAC 19A .0202 - Control Measures - HIV 
Agency Revised Rule 

Wildlife Resources and Water Safety 

15A NCAC lOF .0313 - Hyde County 
Agency Revised Rule 

HUMAN RESOURCES 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



06/14/95 
07/13/95 



07/13/95 
07/13/95 
07/13/95 
07/13/95 
08/10/95 
08/10/95 
08/10/95 
08/10/95 



06/14/95 
07/13/95 



08/10/95 
08/10/95 



Facility Services 



10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 
10 NCAC 3C 



.3001 
.3108 ■ 
.3205 ■ 
.3302 ■ 
.3502 
.3602 ■ 
.3603 ■ 
.3607 ■ 
.3608 ■ 
.3704 ■ 
.3902 ■ 
.3904- 
.4003 ■ 
.4102 ■ 
.4104 ■ 
.4203 ■ 
.4303 ■ 
.4307 ■ 
.4401 ■ 



Definitions 

Suspension of Admissions 

Discharge of Minor or Incompetent 

Minimum Provisions of Patient's Bill of Rights 

Bylaws 

Responsibilities 

Personnel Policies and Practices 

Personnel Health Requirements 

Insurance 

Status 

Manager 

Patient Access 

Policies and Procedures 

Classification of Optional Emergency Services 

Medical Director 

Nursing Staff 

Nursing Services Maternal Services 

Nursing Staff of Neonatal Services 

Organization 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 
RRC Objeaion 



07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
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07/13/95 
07/13/95 
07/13/95 
07/13/95 



942 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



RRC OBJECTIONS 



10 NCAC 3C .4502 - Pharmacist 

10 NCAC 3C . 4512 - Medications Dispensed 

10 NCAC 3C .4702 - Organization 

10 NCAC 3C .4703 - Sanitation and Safety 

10 NCAC 3C . 4704 - Distribution of Food 

10 NCAC 3C .4705 - Nutritional Support 

10 NCAC 3C .4801 - Organization 

10 NCAC 3C .4905 - Tissue Removal and Disposal 

10 NCAC 3C .5002 - Delivery of Care 

10 NCAC 3C .5201 - Psychiatric/Substance Abuse Svcs.: Applicability of Rules 

10 NCAC 3C .5202 - Definitions Applicable/Psychiatric/Substance Abuse Svcs. 

10 NCAC 3C .5205 - Seclusion 

10 NCAC 3C .5302 - Definitions 

10 NCAC 3C .5309 - Nursing /Health Care Administration and Supervision 

10 NCAC 3C .5315 - Dental Care 

10 NCAC 3C .5318 - Activities and Recreation 

10 NCAC 3C .5319 - Social Services 

10 NCAC 3C .5322 - Brain Injury Extended Care Physician Services 

10 NCAC 3C .5323 - Brain Injury Extended Care Program Requirements 

10 NCAC 3C .5324 - Special Nursing Req. Brain Injury Long Term Care 

10 NCAC 3C .5325 - Ventilator Dependence 

10 NCAC 3C .5326 - Physician Services for Ventilator Dependent Patients 

10 NCAC 3C .5403 - HIV Designated Unit Policies and Procedures 

10 NCAC 3C .5405 - Physician Services in a HIV Designated Unit 

10 NCAC 3C .5407 - Use of Investigational Drugs on the HTV Designated Unit 

10 NCAC 3C .5501 - Definitions 

10 NCAC 3C .5502 - Physician Reg. for Inpatient Rehab. Facilities or Units 

10 NCAC 3C .5507 - Comprehensive Rehabilitation Personnel Administration 

10 NCAC 3C .5508 - Comprehensive Inpatient Rehab. Program Staffing Req. 

10 NCAC 3C .5512 - Additional Req. for Traumatic Brain Injury Patients 

10 NCAC 3C .5513 - Additional Req. for Spinal Cord Injury Patients 

10 NCAC 3C .6102 - List of Referenced Codes and Standards 

10 NCAC 3C .6208 - Obstetrical Department Requirements 

10 NCAC 3H .2001 - Definitions 

10 NCAC 3H .2201 - Administrator 

10 NCAC 3H .2202 - Admissions 

10 NCAC 3H .2203 - Patients Not to be Admitted 

10 NCAC 3H .2206 - Medical Director 

10 NCAC 3H .2209 - Infection Control 

10 NCAC 3H .2212 - Quality Assurance Committee 

10 NCAC 3H .2301 - Patient Assessment and Care Planning 

10 NCAC 3H .2302 - Nursing Services 

10 NCAC 3H .2308 - Domiciliary Home Personnel Requirements 

10 NCAC 3H .2401 - Maintenance of Medical Records 

10 NCAC 3H .2501 - Availability of Physician's Services 

10 NCAC 3H .2505 - Brain Injury Long-Term Care Physician Services 

10 NCAC 3H .2506 - Physician Services for Ventilator Dependent Patients 

10 NCAC 3H .2601 - Availability of Pharmaceutical Services 

10 NCAC 3H .2604 - Drug Procurement 

10 NCAC 3H .2605 - Drug Storage and Disposition 

10 NCAC 3H .2606 - Pharmaceutical Records 

10 NCAC 3H . 2607 - Emergency Drugs 

10 NCAC 3H .2701 - Provision of Nutrition and Dietetic Services 

10 NCAC 3H .2801 - Activity Services 

10 NCAC 3H .2802 - Social Services 

10 NCAC 3H .3002 - Quality of Specialized Rehabilitation Services 

10 NCAC 3H .3003 - Ventilator Dependence 



RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objeaion 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 


RRC Objection 


07/13/95 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



943 



RRC OBJECTIONS 



lONCAC 3H .3004 
10 NCAC 3H .3005 
lONCAC 3H .3011 
10 NCAC 3H .3012 
10 NCAC 3H .3013 
10 NCAC 3H .3015 
10 NCAC 3H .3016 
10 NCAC 3H .3021 
10 NCAC 3H .3027 - 
10 NCAC 3H .3031 - 
10 NCAC 3H .3103 - 
10 NCAC 3H .3201 - 
10 NCAC 3H .3401 - 
10 NCAC 3H .3404 - 
10 NCAC 30 .0305 - 

Agency Revised 
10 NCAC 30 .0506- 

Agency Revised 
lONCAC 30 .0607 - 

Agency Revised 
10 NCAC 3U .0705 - 

Agency Revised 
10 NCAC 3U .1403 - 

Agency Revised 
lONCAC 3V .1717 - 

Agency Revised 



Brain Injury Long-Term Care RRC Objection 07/13/95 

Special Nursing Req. for Brain Injury Long-Term Care RRC Objection 07/13/95 

HIV Designated Unit Policies and Procedures RRC Objection 07/13/95 

Physician Services in an HIV Designated Unit RRC Objection 07/13/95 

Special Nursing Requirements for an HIV Designated Unit RRC Objection 07/13/95 

Use of Investigational Drugs for HIV Designated Units RRC Objection 07/13/95 

Additional Social Work Req. for HIV Designated Units RRC Objection 07/13/95 

Physician Req. for Inpatient Rehab. Facilities or Units RRC Objection 07/13/95 

Comprehensive Inpatient Rehab. Program Staffing Req. RRC Objection 07/13/95 

Additional Req. for Spinal Cord Injury Patients RRC Objection 07/13/95 

Site RRC Objection 07/13/95 

Required Spaces RRC Objection 07/13/95 

Heating and Air Conditioning RRC Objection 07/13/95 

Other RRC Objeaion 07/13/95 

Persons Subject to Licensure RRC Objection 05/18/95 

Rule Obj. Removed 05/18/95 

Simplified Reporting for Certain Organizations RRC Objection 05/18/95 

Rule Obj. Removed 05/18/95 

License Year RRC Objection 05/18/95 

Rule Obj. Removed 05/18/95 

Special Training Requirements RRC Objection 07/13/95 

Rule Obj. Removed 07/13/95 

Aquatic Activities RRC Objection 07/13/95 

Rule Obj. Removed 07/13/95 

Health, Safety and Sanitation Requirements RRC Objection 07/13/95 

Rule Obj. Removed 07/13/95 



RRC has Objected to the Following Repeals in 10 NCAC 3C and 10 NCAC 3H: 

10 NCAC 3C .0101 - .0102, .0104 - .0110, .0201 - .0203, .0301 - .0307, .0401 - .0407, .0501 - .0505, .0601 - .0604, 

.0701 - .0708, .0801 - .0805, .0807, .0901 - .0917, .1001 - .1006, .1101 - .1102, .1201 - .1204, .1301 - .1303, .1401 - 

.1405, .1501 - .1508, .1510, .1601 - .1606, .1701 - .1717, .1801 - .1805, .1901 - .1912, .1915 - .1932, .2001 - .2008, 

.2020- .2033, .2101 - .2105. 

10 NCAC 3H .0108 - .0109, .0206 - .0220, .0306 - .0318, .0407 - .0409, .0505 - .0507, .0510 - .0517, .0605 - .0609, 

.0705 - .0712, .0810 - .0812, .0903 - .0911, .1003 - .1008, .1105 - .1109, .1130 - .1136, .1150 - .1163, .1204 - .1208, 

.1210, .1306 - .1308, .1405 - .1406, .1408 - .1410. .1501 - .1503. .1612 - .1613, .1703 - .1704. .1804 - .1807. 

Medical Assistance 



10 NCAC 26H .0302 - Reporting Requirements 

Agency Revised Rule 
10 NCAC 26H .0304 - Rate Setting Methods for Non-state Facilities 

Agency Revised Rule 
10 NCAC 26H .0305 - Allowable Costs 

Agency Revised Rule 
10 NCAC 26H .0308 - Rate Appeals 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objeaion 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 



EVDEPENDENT AGENCIES 



State Health Plan Purchasing Alliance Board 



24 NCAC 5 .0414 - Alliance Participation Fee 
Rule Withdrawn by Agency 
Agency Resubmitted Rule 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



06/14/95 
07/13/95 
07/13/95 



JUSTICE 



944 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



RRC OBJECTIONS 



Criminal Justice Education and Training Standards 

12 NCAC 9B .0202 - Responsibilities of the School Director 

Agency Revised Rule 
12 NCAC 9B .0206 - Basic Training - Correctional Officers 

Agency Revised Rule 
12 NCAC 9D . 0104 - Intermediate Law Enforcement Certificate 

Agency Revised Rule 
12 NCAC 9D .0105 - Advanced Law Enforcement Certificate 

Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 
Board of Certified Public Accountant Examiners 



RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 


RRC 


' Objection 


07/13/95 


Obj. 


Removed 


07/13/95 



21 NCAC 8M .0102 - Registration Requirements 

Rule Withdrawn by Agency 
21 NCAC 8M .0104- Firms Deemed in Compliance 

Agency Revised Rule 
21 NCAC 8N .0307 - Firm Names 

Agency Revised Rule 

Board of Medical Examiners 

21 NCAC 32H .0102 - Definitions 

Agency Revised Rule 
21 NCAC 32H .0506 - Certification Requirement: Emergency Medical Dispatcher 
21 NCAC 32N .0002 - Continuances 



RRC Objection 


07/13/95 




08/10/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


RRC Objection 


08/10/95 



Board of Nursing Home Administrators 

21 NCAC 37 .0302 - Initial Licensure Fee 

Rule Withdrawn by Agency 
21 NCAC 37 .0404 - Continuing Education Programs of Study 

Rule Withdrawn by Agency 
21 NCAC 37 .0502 - Application to Become Administrator-In-Training 

Agency Revised Rule 
21 NCAC 37 .0904 - Biennial Registration Requirements 

Rule Withdrawn by Agency 
21 NCAC 37 .0914 - Duplicate Licenses 

Rule Withdrawn by Agency 



RRC Objection 
Obj. Removed 



08/10/95 

08/10/95 
07/13/95 
07/13/95 

08/10/95 

07/13/95 



Board of Pharmacy 

21 NCAC 46 .1601 - Pharmacy Permits 

Agency Revised Rule 
21 NCAC 46 . 1608 - Device and Medical Equipment Permits 

Agency Revised Rule 
21 NCAC 46 .2601 - Dispensing and Delivery 

Agency Revised Rule 
21 NCAC 46 .2602 - Orders 

Rule Withdrawn by Agency 
21 NCAC 46 .2603 - Education and Training 

Agency Revised Rule 
21 NCAC 46 .2604 - Records 

Agency Revised Rule 
21 NCAC 46 .2605 - Registration of Non-Pharmacists 



RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



945 



RRC OBJECTIONS 



Agency Revised Rule 
21 NCAC 46 .2606 - Conveying Warnings 

Agency Revised Rule 
21 NCAC 46 .2609 - Rehabilitation Equipment 

Agency Revised Rule 
21 NCAC 46 .2803 - Req/pharmacies Dispensing Sterile Parenteral Pharmaceuticals 

Agency Revised Rule 



Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 



SECRETARY OF STATE 



Securities Division 



18 NCAC 6 . 1209 - Nonprofit Securities 

Agency Revised Rule 
18 NCAC 6 . 1314 - Escrow Agreements 
18 NCAC 6 . 1401 - Application for Registration of Dealers 

Agency Revised Rule 
18 NCAC 6 . 1402 - Application for Registration of Salesmen 

Agency Revised Rule 
18 NCAC 6 . 1413 - Salesman Examination Required 

Agency Revised Rule 
18 NCAC 6 .1702 - Application for Investment Adviser Registration 

Agency Revised Rule 
18 NCAC 6 .1713 - Invest Adviser Merger /Consolidation/ Acquisition/Succession 

Agency Revised Rule 
18 NCAC 6 .1901 - Application for Registration of Athlete Agents 

Agency Rexised Rule 



RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 


RRC Objection 


08/10/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 


RRC Objection 


08/10/95 


Obj. Removed 


08/10/95 



STATE PERSONNEL 



Office of State Personnel 



25 NCAC IC .0405 - Temporary Appointment 

Agency Revised Rule 
25 NCAC IC .0407 - Temporary Part-Time Appointment 

Agency Revised Rule 
25 NCAC ID .2001 - Coverage 

Agency Repealed Rule 
25 NCAC IK .0312 - Eligibility 

Agency Revised Rule 



RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objeaion 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 



946 



NORTH CAROLINA REGISTER 



September I, 1995 



10:11 



CONTESTED CASE DECISIONS 



1 his Section contains thefidl text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings. (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

Division of Purchase and Contract 

Scntcr-SanderB Tractor Corp. v. Admin., Div of Purchase & Contract 94 DOA 0803 Nesnow 

CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration, 95 DOA 0194 Phipps 
Div. of Purchase & Contract, et al. 



03/06/95 
06/13/95 



State Construction Office 

W. M. Piatt & Company v. State Construction Office, DOA 94 DOA 0738 Nesnow 

Holland Group, Inc. v. Dept. of Administration, St. Construction Office 94 DOA 1565 Nesnow 



04/11/95 
06/01/95 



10:03 NCR 221 
10:07 NCR 619 



ALCOHOLIC BEVERAGE CONTROL COMMISSION 



Ali Alsaras v. Alcoholic Beverage Control Commission 
Norman D. Forbes v. Alcoholic Beverage Control Commission 
Ben Sproul and Steve Pauls v. Alcoholic Beverage Control Comm. 
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 
Robert Johnson v. Alcoholic Beverage Control Commission 
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. 
John H. Robinson v. Alcoholic Beverage Control Commission 
Clara and Carson Young v. Alcoholic Beverage Control Commission 
Vladimir Walter Kozlik Jr. v. Alcoholic Beverage Control Commission 
Bryan Lynn Whitaker, Susan Ansley Whitaker v. ABC Commission 
Diamond Club, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Weisner, Inc. 
Robert Louis Reese v. Alcoholic Beverage Control Commission 
Ray E. Bailey v. Alcoholic Beverage Control Commission 
Legwin Z. Williams v. Alcoholic Beverage Control Commission 
Taleb Abed Rahman v. Alcoholic Beverage Control Commission 
Sherrill Douglas Langston v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Janice Mae Miles 
Imran Ali Hameerah v. Alcoholic Beverage Control Commission 
and 
City of Raleigh 
Alcoholic Beverage Control Commission v. Vladimir Walter Kozlik Jr. 



94 ABC 0526 


Chess 


05/16/95 






94 ABC 0787 


Gray 


03/17/95 






94 ABC 


1046 


Chess 


08/17/95 






94 ABC 


1168 


Becton 


03/07/95 






94 ABC 


1661 


West 


05/01/95 






94 ABC 


1682 


Chess 


05/03/95 






94 ABC 


1694 


Mann 


03/29/95 






94 ABC 


1727 


Morrison 


05/18/95 






94 ABC 


1729 


Chess 


05/11/95 






94 ABC 


1754*'' 


Mann 


08/02/95 


10:11 NCR 


960 


94 ABC 


1784 


Mann 


04/19/95 






94 ABC 


1803 


Mann 


04/07/95 






95 ABC 0068 


West 


06/07/95 






95 ABC 0074 


Chess 


05/25/95 






95 ABC 0210 


Gray 


05/01/95 






95 ABC 0224 


Nesnow 


05/31/95 


10:06 NCR 


417 


95 ABC 0323 


Phipps 


08/02/95 






95 ABC 0415 


Nesnow 


08/01/95 


10:10 NCR 


868 


95 ABC 0434 


West 


07/20/95 






95 ABC 0477 


Phipps 


07/14/95 






95 ABC0518*'^ 


Mann 


08/02/95 


10:11 NCR 


960 



CRIME CONTROL AND PUBLIC SAFETY 



Patrick O. Hawkins v. Office of AdminiBlralive Hearings 

Crime Victims Compensation Commission 

John PavlikJanidis v. Victims Compensation Commission 
Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 
Kiyllis H. Steinmetz v. Crime Victims Compensation Commission 
Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comm. 
Wayne L. Ulley v. Crime Victims Compensation Commission 
Sandra H. Hughes v. Victims Compensation Commission 
Knstine S. Ray v. Crime Victims Compensation Commission 
Shiriey Moody Myers v. Crime Victims Compensation Commission 
Thomasine Inman v. Crime Victims Compensation Commission 
Irmgard Gordos v. Crime Victims Compensation Commission 



95 CPS 0361 



Phi 



pps 



94 CPS 0237 


Morrison 


94 CPS 0445** 


West 


94 CPS 0542 


West 


94 CPS 1177 


Mann 


94 CPS 1180 


Becton 


94 CPS 1600 


Morrison 


94 CPS 1673 


Chess 


94 CPS 1674 


Chess 


94 CPS 1731 


Nesnow 


94 CPS 1782 


Gray 



08/01/95 



03/21/95 
05/30/95 
05/16/95 
06/12/95 
03/07/95 
06/09/95 
04/20/95 
04/20/95 
03/09/95 
03/09/95 



10:02 NCR 176 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



947 



CONTESTED CASE DECISIONS 



AGENCY 



Fay, 0,nlhia, S. Dalton v. Crime Victims Compensation Commission 

Ellen Shenv'in v. Crime Vjc Comp James Byrum Emp/ Baptist Hosp 

Howard B. Peterson v. Crime Victims Compensation Commission 

Ella Ruth Jordan v. Gary B. Eichelberger Dir., Crime Vic. Comp. Comm.95 

Lynn H. Heodereon v. CI*S. Victims Compensation Commission 

Larusha Bey v. Crime Victims Compensation Commission 

Percible Gaston v. Crime Victims Compensation Commission 

Horton Edward v. Crime Victims Compensation Commission 

Janet Ring Stevens v. Crime Victims Compensation Commission 

Michael A. Herd v. Crime Victims Compensation Commission 

Juan Aguilar v. Crime Victims Compensation Commission 

John Kuwalik v. Crime Victims Compensation Commission 

Sandra Jones v. Crime Victims Compensation Commission 

Mark Edward Altman v. CPS, Crime Victims Compensation Commission 95 

Roland Lee Kelly. Jr. v. United Family Svcs, Vic Assis/Crime Vic. Comp 95 

BO.\RD OF ELECTROLYSIS EXAMINERS 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


95 CPS OQIO*' 


West 


05/30/95 


95 CPS 0012 


West 


03/22/95 


95 CPS 0163 


Rcilly 


07/06/95 


95 CPS 0181 


West 


06/21/95 


95 CPS 0212 


Morrison 


05/08/95 


95 CPS 0245 


Rcilly 


06/02/95 


95 CPS 0270 


Gray 


06/13/95 


95 CPS 0331 


Phippe 


07/25/95 


95 CPS 0337 


Gray 


07/21/95 


95 CPS 0349 


Chess 


08/15/95 


95 CPS 0356 


Reilly 


06/22/95 


95 CPS 0381 


Becton 


07/10/95 


95 CPS 0427 


Nesnow 


06/02/95 


95 CPS 0461 


West 


07/25/95 


95 CPS 0568 


Phipps 


08/09/95 



PUBLISHED DECISION 
REGISTER CITATION 



i 



Diane Rawls v. North Carolina Board of Electrolysis Examiners 95 BEE 0173 West 

ENVIRONMENT. HEALTH, AND NATURAL RESOURCES 

Concrete Supply Company v. Environment, Health, & Natural Resources 
Selzer Bros. Inc. v. Environment, Health, and Natural Resources 
Environment, Health, & Natural Resources v. Royal James Cafe 
John W. VanHoy, Jr. & Adjacent Land Owners v, EHNR 
and 
Shugart Enterprises, Inc. 
Browning-Ferris lad. of S. Atlantic, Inc. and Sampson Cty. Disposal, Inc. 95 EHR 0506 West 
V. Dept. of Environment, Health, and Natural Resources, 

and 
Hoke County and Bladen County 

Coastal Resources 



94 EHR 0950 Gray 

94 EHR 1676 Nesnow 

94 EHR 1756 Becton 

95 EHR 0016 Phipps 



08/03/95 



05/23/95 
03/09/95 
06/30/95 
03/17/95 



06/13/95 



10:06 NCR 414 
10:08 NCR 696 



William C. ^'oung v. Coastal Resources Commission 
and 
Robert L. Casper, Jr. and Mary M. Casper 
Howard C. Slack v. Coastal Resources Comm, EHNR 

Davidson County Health Department 

John Dee Clodfelter v. Davidson County Health Dept.; EHNR 
Environmental Health 



95 EHR 0009 Chess 



95 EHR 0140 Phipps 



94 EHR 1037 Chess 



06/13/95 



03/22/95 



03/13/95 



10:02 NCR 185 



EEE-ZZZ Lay Drain Compnay, Inc. v. On-Sile Wastewater Section, 
Division of En\'ironmental Health 



94 EHR 0745 Chess 



04/24/95 



Environmental Management 

United Screen Printers, Inc. V. EHNR. Div. of Environmental Mgmt. 91EHR1179*' West 

Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 92 EHR 0021 -' Gray 

and 
Duke Power Company 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 92 EHR 0053*' Gray 

and 
Duke Power Company 
United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Kenan Oil Company, Inc. v. EHNR, Div. of Environmental Mgmt. 



93 EHR 0273*' West 

94 EHR 0894 Nesnow 



MotTitt and Pierce Construction, Inc. v. EHNR, Environmental Mgmt. 94 EHR 1755 West 



Hyde County Health Department 

Fritzner Henry v. Hyde County Health Department 

-^ Consolidated cases. 



94 EHR 0924 Gray 



05/30/95 
04/03/95 



04/03/95 



05/30/95 
05/08/95 
06/06/95 



03/09/95 



i 



948 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NJJMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



94 EHR 0288 


Gray 


05/22/95 


94 EHR 1601 


Chess 


05/01/95 


94 EHR 1711 


Chess 


05/02/95 


94 EHR 1777 


Chess 


03/09/95 


95 EHR 0372 


Reilly 


08/10/95 



MacoH County Health Department 

Four Residents on Genva Circle v. Macon County Health Department 94 EHR 1202 Nesnow 

Marine Fisheries 

Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries 94 EHR 1786 Chess 

Maternal and Child Health 



Jimmy Franklin v. EHNR Maternal & Child Hlth, Nutrition Services 
Middleburg Variety v. EHNR, Maternal & Child Health, Nutrition Svcs. 
Taisser Shehadeh v. EHNR, Maternal & Child Health, Nutrition Svcs. 
Philip Haskins v. EHNR, Div. of Maternal & Child Health 
Food City, Inc. v. Dept of Environment, Health, & Natural Resources 



New Hanover County Health Department 

Gus Kalogiros v. New Hanover Co. (Health Dept.), Adm & Env. Svcs 94 EHR 1073 Morrison 

Pitt County Public Health Center 

Mary Joyner Dudley v. Pitt County Public Health Center & EHNR 94 EHR 1043 Gray 

EQUAL EMPLOYMENT OPPORTUNITY 

Marsha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 90 EEO 0379 Chess 

HUMAN RESOURCES 



Helen J. Walls, D/B/A Walls Young World v, Dept. of Human Resources 94 DHR 1362 
Cecilia Y. Wall, William S. Wall v. Department of Human Resources 94 DHR 1627 

Veronica Spearman, John P. Spearman v. Dept. of Human Resources 95 DHR 0216 

Sandra Jean Taylor v. Department of Human Resources 95 DHR 0366 

Division of Child Development 



lola Malloy v. DHR, Division of Child Development 

Willie & Pamela Sturgess v. DHR, Division of Child Development 

Esther Elder v. DHR, Division of Child Development 

Theresa B. Thomas v. DHR, Division of Child Development 

Ellen H. Sams v. DHR, Division of Child Development 

Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev. 

Facility Services 

William H. Cooke v. DHR, Division of Facility Services 
Mildred Reece, Calvin Rcece v. DHR, Division of Facility Svcs, 

Domiciliary & Group Care Section 
Lisa Marie Shanks v. Department of Human Resources 

Bingo Licensure Section 



The Regular Veterans Association of the United States and the Sixteen 95 DHR 0040 Morrison 
Posts of the Regular Veterans Association of the United States and the 
Regular Veterans Association Auxiliary Located in the State of North 
Carolina v. DHR, Division of Facility Services, Bingo Licensure Section 



Certificate of Need Section 

The Carrolton of Fayetteville, Inc. and Highland House of Fayettevillc, 
Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 
Certificate of Need Section 

and 
Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 



94 DHR 0197*^ Reilly 



03/27/95 



05/22/95 



04/28/95 



06/27/95 



04/03/95 



Becton 


03/20/95 


Morrison 


07/06/95 


Reilly 


06/02/95 


Reilly 


07/19/95 



94 DHR 0849 


Mann 


03/03/95 


94 DHR 1631 


Reilly 


07/10/95 


94 DHR 1771 


Reilly 


03/17/95 


95 DHR 0268 


Morrison 


07/14/95 


95 DHR 0293 


Phipps 


08/08/95 


95 DHR 0450 


Phipps 


06/02/95 



94 DHR 0565 


Gray 


03/16/95 


94 DHR 1783 


Gray 


03/16/95 


95 DHR 0121 


West 


08/03/95 



04/13/95 



04/05/95 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



949 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 

NUMBER 



ALJ 



DATE OF 

DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



The Carrollon of Fayelteville. Inc. and Highland House of Fayetievilie, 94 DHR 0198*^ Reilly 

Inc. and Richard Allen, Sr. v. DHR. Division of Facility Sen'ices, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., dfbfa Pine Manor Health Care 
Retirement Villages. Inc. (Lessor), and Liberly Healthcare Ltd. 94 DHR 0403 Chess 

Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, 

Division of Facility Sen'ices, Certificate of Need Section 
and 

Beaver Properlies/Vv'allace. Inc.. and Brian Center Health & Retirement/ 

Wallace, Inc. 

Office of Emergency Medical Services 

Charles M. Eruin v. DHR, Facility Svcs, Off. of Emgcy. Medical Svcs. 92 DHR 1697 Chess 

Division of Medical Facilities Licensure Section 

Shelia Marie Hall v. DHR, Div/Facility Svcs.. Med. Facilities Lie. Sec. 95 DHR 0307 Nesnow 
Evangeline of King, Inc. v. DHR, Div/Fac Svcs, Med Facilities Lie Sec 95 DHR 0413 Reilly 

Division of Medical Assistance 

A.S., by and through her agent and personal representative. Hank Neal 93 DHR 1736 Reilly 

v. DHR. Division of Medical Assistance 
D.A., by and through his agent and personal representative, Hank Neal 93 DHR 1737 Reilly 

V. DHR. Division of Medical Assistance 



04/05/95 



12/14/94 



05/16/95 



08/11/95 
08/14/95 



05/22/95 
05/22/95 



10:06 NCR 409 



Division of Social Services 

Child Support Enforcement Section 

Daniel J. Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
Lenzo Davis v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Dennis E. Barkley v. Department of Human Resources 
Clement McMillan v. Department of Human Resources 
Herbert James Jackson UI v. Department of Human Resources 
Larry James Walker Jr. v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
John D. Bird v. Department of Human Resources 
Lacy Green, Jr. v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
Edwin A. Clarke v. Department of Human Resources 
Wolfgang R. Walker v. Department of Human Resources 
Wyatt Roseboro v. Department of Human Resources 
Lloyd Lane Speake v. Department of Human Resources 
Raymond E. Dresser v. Department of Human Resources 
Terry L. Yoder v. Department of Human Resources 
Ronald E. Lewis v. Department of Human Resources 
Richard L. Hiotl v. Department of Human Resources 
Cecil Ray Hinshaw v. Department of Human Resources 
Terry C. Brown v. Department of Human Resources 
Paul R. Johnson v. Department of Human Resources 
Henry C, Banks v. Department of Human Resources 
Lucille B. Dutter v. Department of Human Resources 
Charles Bascom Kiker v. Department of Human Resources 
Mandel Cuny Edwards v. Department of Human Resources 
Tony M. Tart v. Department of Human Resources 
Wade E. Hampton v. Department of Human Resources 
Cecedrick Scott v. Department of Human Resources 
Gary Jay Stocks v. Department of Human Resources 



91 CSE 


1103 


Morrison 


03/03/95 


92 CSE 


1449 


Reilly 


03/29/95 


92 CSE 


1559 


Reilly 


03/29/95 


93 CSE 


1088 


Chess 


03/20/95 


93 CSE 


1111 


Beclon 


07/12/95 


93 CSE 


1123*' 


Reilly 


05/16/95 


93 CSE 


1169 


Chess 


03/08/95 


93 CSE 


1187 


Reilly 


06/30/95 


93 CSE 


1208 


Chess 


03/08/95 


93 CSE 


1209 


Mann 


08/11/95 


93 CSE 


1255 


Morrison 


06/12/95 


93 CSE 


1268 


Chess 


03/08/95 


93 CSE 


1270*'° 


Bevton 


07/28/95 


93 CSE 


1272 


Gray 


06/26/95 


93 CSE 


1295 


Chess 


03/08/95 


93 CSE 


1317 


Becton 


04/04/95 


93 CSE 


1319 


Chess 


03/08/95 


93 CSE 


1374 


Gray 


04/28/95 


93 CSE 


1423 


Beclon 


04/25/95 


93 CSE 1451 


Chess 


03/22/95 


93 CSE 


1459 


Reilly 


06/23/95 


93 CSE 


1498 


Nesnow 


06/02/95 


93 CSE 


1508 


Mann 


05/18/95 


93 CSE 


1509 


Mann 


04/21/95 


93 CSE 


1513 


Gray 


05/08/95 


93 CSE 


1516 


Morrison 


05/08/95 


93 CSE 


1546 


Gray 


06/27/95 


93 CSE 


1556 


Chess 


03/22/95 


93 CSE 


1558 


Chess 


03/13/95 


93 CSE 


1561 


Mann 


04/21/95 


93 CSE 1566** 


Gray 


05/31/95 


93 CSE 


1588 


Be<:ton 


06/08/95 


93 CSE 


1593 


Chess 


04/20/95 


93 CSE 


1651 


Chess 


07/20/95 


93 CSE 


1652 


Chess 


03/21/95 



950 



NORTH CAROLINA REGISTER 



September I, 1995 



10:11 



CONTESTED CASE DECISIONS 



\ 



) 



\ 



AGENCY 



Paul E. Strawcuttcr v. Department of Human Resources 

John L. OBborne (Jr.) v. Department of Human Resources 

Richard L. Garver v. Department of Human Resources 

Jeny Glaaper v. Department of Human Resources 

Car>' G. Dannelly v. Department of Human Resources 

Robert G. Baker v. Department of Human Resources 

Tyrone Waddcll v. Department of Human Resources 

Robert R. Thomas v. Department of Human Resources 

Bernard T. Wade v. Department of Human Resources 

Robert Earl White v. Department of Human Resources 

Willie Scott v. Department of Human Resources 

Rochester Levi Jones v. Department of Human Resources 

Timothy Brian EUer v. Department of Human Resources 

Morgan Pate, Jr. v. Department of Human Resources 

Robert E. Dudley, Sr. v. Department of Human Resources 

Julian Lattimore v. Department of Human Resources 

James McFadden v. Department of Human Resources 

Wesley B. Meggs v. Department of Human Resources 

Anthony D. McCain v. Department of Human Resources 

John C. Kay v. Department of Human Resources 

Raymond B. Clontz Jr. v. Department of Human Resources 

James C. Rogers v. Department of Human Resources 

Ruby Fewell Henry v. Department of Human Resources 

Michael Leon McCain v. Department of Human Resources 

James A. Honer v. Department of Human Resources 

George C. Flowers v. Department of Human Resources 

Kendrick William Sims v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Michael W. Bowen v. Department of Human Resources 

Roderick J. Smith v. Department of Human Resources 

Richard Dill v. Department of Human Resources 

James E. Freeman v. Department of Human Resources 

Jonathan D. Cauthen v. Department of Human Resources 

Ronnie J. Goins v. Department of Human Resources 

Ted C. Jenkins v. Department of Human Resources 

Anthony J. Gibbons v. Department of Human Resources 

Robert Wilson v. Department of Human Resources 

Grant Jules Marks v. Department of Human Resources 

Aaron C. Harris v. Department of Human Resources 

Donald L. Costello Sr. v. Department of Human Resources 

Kelvin L. Lankford v. Department of Human Resources 

Jeffrey Thomas Chambers v. Department of Human Resources 

Robert J. Holden v. Department of Human Resources 

Janet M. Johnson v. Department of Human Resources 

Michael L. Wright v. Department of Human Resources 

Terry S. Gurganus v. Department of Human Resources 

John Napoleon Window Cross Pullium v. Dept of Human Resources 

Charles F. Haag Jr. v. Department of Human Resources 

Michael J. Montroy v. Department of Human Resources 

Linton Durante v. Department of Human Resources 

Timothy Rex Waddell v. Department of Human Resources 

Clarence Benjamin Banks Jr. v. Department of Human Resources 

Warren M. Williams v. Department of Human Resources 

Dennis L. Moore v. Department of Human Resources 

Dennis W. Caahion v. Department of Human Resources 

John Carroll Rodgers v. Department of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

Kimberly M. Rinaldi, Robert L. Rinaldi v. Dept. of Human Resources 

David House v. Department of Human Resources 

Jerry Wayne Blanton v. Department of Human Resources 

Antonio Staton v. Department of Human Resources 

Aqustin S. Sanchez v. Department of Human Resources 

Fred Carter Jr. v. Department of Human Resources 

Ricky Ratliff v. Department of Human Resources 

Willie McNeil Jr. v. Department of Human Resources 

Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v. Department of Human Resources 

Paul A. Card v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


AIJ 


DECISION 


93CSE 1713 


Mann 


03/13/95 


94 CSE 0140 


Mann 


05/30/95 


94CSE0512 


Becton 


06/12/95 


94 CSE 1016 


Ncflnow 


07/21/95 


94 CSE 1033 


Nesnow 


03/24/95 


94 CSE 1094 


ChcBS 


03/06/95 


94 CSE 1096 


Mann 


05/30/95 


94 CSE 1100 


Becton 


07/28/95 


94 CSE 1101 


Becton 


04/03/95 


94 CSE 1102 


Chc«8 


08/08/95 


94 CSE 1109 


Chess 


06/28/95 


94 CSE 1 1 16 


Chess 


05/15/95 


94 CSE 1 1 19 


Reilly 


03/29/95 


94 CSE 1127 


Mann 


03/20/95 


94 CSE 1 128 


Mann 


03/31/95 


94 CSE 1131 


Reilly 


03/13/95 


94 CSE 1 132 


West 


03/14/95 


94 CSE 1137 


Gray 


08/09/95 


94 CSE 1141 


Nesnow 


05/16/95 


94 CSE 1143 


Chess 


04/13/95 


94 CSE 1 149 


Nesnow 


03/03/95 


94 CSE 1153 


Gray 


04/04/95 


94 CSE 1157 


Nesnow 


03/16/95 


94 CSE 1158 


Becton 


05/16/95 


94 CSE 1160 


Mann 


08/03/95 


94 CSE 1 184 


Mann 


05/02/95 


94 CSE 1186 


Chess 


05/01/95 


94 CSE 1191 


West 


05/25/95 


94 CSE 1192 


Nesnow 


07/21/95 


94 CSE 1193 


Becton 


06/26/95 


94 CSE 1195 


Mann 


03/29/95 


94 CSE 1199 


West 


07/18/95 


94 CSE 1213 


Chess 


06/01/95 


94 CSE 1214 


Chess 


06/01/95 


94 CSE 1218 


Gray 


03/15/95 


94 CSE 1219 


Gray 


03/15/95 


94 CSE 1220 


Gray 


07/21/95 


94 CSE 1222 


Morrison 


06/13/95 


94 CSE 1225 


Reilly 


04/10/95 


94 CSE 1228 


West 


03/17/95 


94 CSE 1229 


West 


03/17/95 


94 CSE 1231 


Nesnow 


03/03/95 


94 CSE 1232 


Nesnow 


03/15/95 


94 CSE 1236 


Mann 


06/02/95 


94 CSE 1237 


Gray 


03/15/95 


94 CSE 1239 


Gray 


03/02/95 


94 CSE 1241 


Gray 


03/15/95 


94 CSE 1242 


Gray 


05/31/95 


94 CSE 1244 


Morrison 


03/13/95 


94 CSE 1245 


Morrison 


06/26/95 


94 CSE 1246 


Morrison 


06/26/95 


94 CSE 1247 


Morrison 


05/17/95 


94 CSE 1248 


Morrison 


07/11/95 


94 CSE 1249 


Morrison 


03/02/95 


94 CSE 1250 


Morrison 


07/10/95 


94 CSE 1251 


Reilly 


05/18/95 


94 CSE 1254 


Reilly 


03/13/95 


94 CSE 1255 


Reilly 


05/18/95 


94 CSE 1256 


Reilly 


03/15/95 


94 CSE 1257 


Reilly 


08/11/95 


94 CSE 1258 


West 


07/21/95 


94 CSE 1259 


West 


03/06/95 


94 CSE 1260 


West 


05/22/95 


94 CSE 1261 


West 


03/17/95 


94 CSE 1262 


West 


03/17/95 


94 CSE 1263 


West 


03/17/95 


94 CSE 1264 


West 


03/17/95 


94 CSE 1266 


Nesnow 


03/13/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



951 



CONTESTED CASE DECISIONS 



AGENCY 



James P. Barton, HI v. Department of Human Resources 

Damn Yancey v. Department of Human Resources 

Douglas L. Lucas v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Lewis A. Garris v. Department of Human Resources 

Michael Lynn Avery v. Department of Human Resources 

Elvis M. Graham v. Department of Human Resources 

Shawn Fonville v. Department of Human Resources 

David Allan Blan v. Department of Human Resources 

James Lee, Jr. v. Department of Human Resources 

Noah L. Houston, Sr. v. Department of Human Resources 

Wllma Lee Burton v. Department of Human Resources 

Shannon Vanderaa v. Department of Human Resources 

Anthonv Murray v. Department of Human Resources 

Carl J. McGuire v. Department of Human Resources 

Tommy L. Burchfield v. Department of Human Resources 

Virgil L. Newhy v. Department of Human Resources 

Gregor) A. Rodrigues v. Department of Human Resources 

Nelson D. Edmonds v. Department of Human Resources 

Larry R. Bales v. Department of Human Resources 

Karl Philip Jursen v. Department of Human Resources 

David Harrington v. Department of Human Resources 

Sterling Womack v. Department of Human Resources 

Hubert Bowe v. Department of Human Resources 

Edward Fitch v. Department of Human Resources 

Otis Lewis Jr. v. Department of Human Resources 

Robert F. Caloe Jr. v. Department of Human Resources 

William Anthony Winchester v. Department of Human Resources 

Aaron L. Clark v. Department of Human Resources 

Vincent R. Valles Sr. v. Department of Human Resources 

Gary W. Gibson v. Department of Human Resources 

Mark A. West v. Department of Human Resources 

John E. Bolas Jr. v. Department of Human Resources 

Gary C. Wiggins v. Department of Human Resources 

Rhonnie J. Williams v. Department of Human Resources 

Danny Ray Hensley v. Department of Human Resources 

Stanley Moore v. Department of Human Resources 

Rawn Wcigel v. Department of Human Resources 

David C, Glenn v. Department of Human Resources 

Marc F. Carboni v. Department of Human Resources 

Ivy M. Harvell v. Department of Human Resources 

Terry L, McMillon v. Department of Human Resources 

Gariy G. Hickman v. Department of Human Resources 

Willie Herring v. Department of Human Resources 

Joe C. Dean v. Department of Human Resources 

Jimmie E. Barnes v. Department of Human Resources 

Cecilia Carmosino v. Department of Human Resources 

Marvin F. Walker v. Department of Human Resources 

Richard J. Almeida v. Department of Human Resources 

Michael R. French v. Department of Human Resources 

William R. Casey v. Department of Human Resources 

John A. Jackson v. Department of Human Resources 

Michael R. Roberts v. Department of Human Resources 

Kevin R. Nieoke v. Department of Human Resources 

Cleolhis B. Smith v. Department of Human Resources 

Leroy Johnson Jr. v. Department of Human Resources 

James Patterson v. Department of Human Resources 

Thomas Colon v. Department of Human Resources 

^^'aller Swimiak Jr. v. Department of Human Resources 

Michael R. Strong v. Department of Human Resources 

Marion Rodriguez v. Department of Human Resources 

Van Ed\^ard Arrington v. Department of Human Resources 

Jerry L. ^Vhite Sr. v. Department of Human Resources 

Dennis James Grimes v. Department of Human Resources 

Scoll John Tozzi v. Department of Human Resources 

Roger A. Eaton v. Department of Human Resources 

Willie J. Rowers Jr. v. Department of Human Resources 

Jeffrey James Spence v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


MJ 


DECISION 


94CSE 


1267 


Nesnow 


06/02/95 


94CSE 


1269 


NesDow 


03/15/95 


94CSE 


1270 


Nesnow 


03/15/95 


94 CSE 


1272 


Bee ton 


03/15/95 


94CSE 


1273 


Bccton 


07/28/95 


94 CSE 


1274 


Beiloa 


03/15/95 


94 CSE 


1275 


Beiton 


03/15/95 


94 CSE 


1277 


Becton 


03/06/95 


94 CSE 


1279 


Chess 


07/26/95 


94 CSE 


1280 


Chess 


04/10/95 


94 CSE 


1284 


Chess 


04/26/95 


94 CSE 


1285 


Chess 


07/12/95 


94 CSE 


1286 


Mann 


03/21/95 


94 CSE 


1287 


Mann 


03/21/95 


94 CSE 


1288 


Mann 


08/03/95 


94 CSE 


1289 


Mann 


03/21/95 


94 CSE 


1290 


Mann 


08/11/95 


94 CSE 


1300 


Mann 


03/21/95 


94 CSE 


1301 


Gray 


07/27/95 


94 CSE 


1302 


Gray 


03/02/95 


94 CSE 


1303 


Gray 


03/15/95 


94 CSE 


1304 


Morrison 


05/22/95 


94 CSE 


1305 


Morrison 


05/18/95 


94 CSE 


1308 


Mann 


05/18/95 


94 CSE 


1313 


Mann 


05/02/95 


94 CSE 


1314 


Mann 


03/21/95 


94 CSE 


1329 


Morrison 


03/15/95 


94 CSE 


1331 


ReiUy 


03/15/95 


94 CSE 


1332 


Reilly 


03/15/95 


94 CSE 


1333 


West 


03/17/95 


94 CSE 


1334 


West 


03/06/95 


94 CSE 


1335 


West 


03/17/95 


94 CSE 


1336 


Nesnow 


03/15/95 


94 CSE 


1338 


Nesnow 


03/15/95 


94 CSE 


1339 


Becton 


03/15/95 


94 CSE 


1340 


Becton 


03/15/95 


94 CSE 


1341 


Becton 


07/28/95 


94 CSE 


1342 


Chess 


05/22/95 


94 CSE 


1343 


Chess 


04/20/95 


94 CSE 


1344 


Chess 


06/01/95 


94 CSE 


1345 


Mann 


03/21/95 


94 CSE 


1346 


Mann 


03/21/95 


94 CSE 


1348 


Gray 


03/15/95 


94 CSE 


1350 


Morrison 


03/02/95 


94 CSE 


1351 


Morrison 


03/15/95 


94 CSE 


1352 


Reilly 


03/03/95 


94 CSE 


1354 


West 


03/17/95 


94 CSE 


1355 


V*'est 


03/17/95 


94 CSE 


1357 


Nesnow 


03/15/95 


94 CSE 


1359 


Becton 


03/15/95 


94 CSE 


1369 


Mann 


05/02/95 


94 CSE 1370 


Mann 


03/07/95 


94 CSE 


1371 


Mann 


03/21/95 


94 CSE 


1372 


Gray 


07/18/95 


94 CSE 


1373 


Gray 


03/15/95 


94 CSE 


1377 


Mann 


03/31/95 


94 CSE 


1378 


Morrison 


03/15/95 


94 CSE 


1379 


Reilly 


03/15/95 


94 CSE 


1382 


West 


03/17/95 


94 CSE 


1383 


West 


07/18/95 


94 CSE 


1385 


Nesnow 


03/03/95 


94 CSE 


1386 


West 


07/18/95 


94 CSE 


1387 


Nesnow 


03/15/95 


94 CSE 


1388 


Becton 


03/15/95 


94 CSE 


1389 


Becton 


03/15/95 


94 CSE 


1392 


Gray 


03/09/95 


94 CSE 


1393 


Morrison 


03/15/95 


94 CSE 


1394 


Reilly 


03/15/95 



PUBLISHED DECISION 
REGISTER CITATION 



952 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



CONTESTED CASE DECISIONS 



AGENCY 



Byron C. Alston v. Department of Human Resources 

Oliver Lcc Wolfe Sr. v. Department of Human Resources 

James Tracy StrickJand v. Department of Human Resources 

Michael K. Reese v. Department of Human Resources 

Albert D. Johnson v. Department of Human Resources 

Johnny A. Stroud v. Department of Human Resources 

Richard G. Medford, Jr. v. Department of Human Resources 

Theresa Strader v. Department of Human Resources 

James F. Williams v. Department of Human Resources 

John Bell Shelton v. Department of Human Resources 

Kennedy C. Uzomba v. Department of Human Resources 

Marion A. Ward v. Department of Human Resources 

Robert H. Owens v. Department of Human Resources 

Samuel A. Lewis v. Department of Human Resources 

Robert Lee Wall v. Department of Human Resources 

James M. Breaden Jr. v. Department of Human Resources 

Peter G. Coley v. Department of Human Resources 

Benjamin Nuriddin v. Department of Human Resources 

Robert L. Carter v. Department of Human Resources 

Danny Columbus Baker v. Department of Human Resources 

Duke William Dupre' v. Department of Human Resources 

Audrey Jennings v. Department of Human Resources 

Robert S. Moore v. Department of Human Resources 

Michael A. Camp v. Department of Human Resources 

Martin J. Miller v. Department of Human Resources 

Steven L. Cox v. Department of Human Resources 

Michael P. Cleary v. Department of Human Resources 

Willie Cherry, Jr. v. Department of Human Resources 

Michael D. Guyther v. Department of Human Resources 

Charlie Sturdivant v. Department of Human Resources 

William V. Glennon v. Department of Human Resources 

Alaster Williams v. Department of Human Resources 

Henry L. Gibbs v. Department of Human Resources 

Roger Gene Fehlhaber v. Department of Human Resources 

Donald Ray Solis v. Department of Human Resources 

Lawrence Dow Dean v. Department of Human Resources 

Beau L. Miller v. Department of Human Resources 

Claude E. Alston v. Department of Human Resources 

Elizabeth F. West v. Department of Human Resources 

John H. Underwood v. Department of Human Resources 

James T. Dudley Jr. v. Department of Human Resources 

Coraelius L. Jones v. Department of Human Resources 

Lori Davis Humphrey v. Department of Human Resources 

Robert L. Frecland, Jr. v. Department of Human Resources 

Antonio Darden (TV-D #1237637) v. Department of Human Resources 

Antonio Darden (TV-D #12801 16) v. Department of Human Resources 

Antonio Darden (IV-D #1233347) v. Department of Human Resources 

Leonard Keith Morgan v. Department of Human Resources 

Michael Shannon v. Department of Human Resources 

Scott Thackrah v. Department of Human Resources 

Cyrus R. Luallen v. Department of Human Resources 

Harold Dean Horn v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Department of Human Resources 

Lee R. Jones v. Department of Human Resources 

Randy Norris Willis v. Department of Human Resources 

Michael E. Bellamy v. Department of Human Resources 

Eddie James Johnson v. Department of Human Resources 

Coley C. Matthews v. Department of Human Resources 

Willie J. Gadson v. Department of Human Resources 

Joseph K. Gatewood v. Department of Human Resources 

Donald Lee Barcliff v. Department of Human Resources 

James W. Nunnery v. Department of Human Resources 

Terrance Freeman v. Department of Human Resources 

William Leroy Watkins v. Department of Human Resources 

Bailey White v. Department of Human Resources 

Shannon Woodall v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 


1396 


Nesnow 


03/03/95 


94CSE 


1397 


Mann 


03/31/95 


94 CSE 


1398 


Mann 


03/31/95 


94 CSE 


1412 


Gray 


03/31/95 


94 CSE 


1413 


Gray 


06/26/95 


94 CSE 


1414 


Gray 


06/27/95 


94 CSE 1415 


Morrison 


03/02/95 


94 CSE 1416 


Morrison 


03/21/95 


94 CSE 


1417 


Morrison 


03/21/95 


94 CSE 1419 


Morrison 


06/26/95 


94 CSE 1420 


Reilly 


04/03/95 


94 CSE 


1421 


Reilly 


03/03/95 


94 CSE 


1423 


Reilly 


06/02/95 


94 CSE 


1424 


Reilly 


04/03/95 


94 CSE 1425 


West 


03/31/95 


94 CSE 1426 


West 


03/31/95 


94 CSE 


1427 


West 


03/31/95 


94 CSE 


1429 


West 


03/31/95 


94 CSE 


1430 


Nesnow 


03/24/95 


94 CSE 


1431 


Nesnow 


03/24/95 


94 CSE 


1432 


Nesnow 


03/24/95 


94 CSE 


1433 


Nesnow 


03/24/95 


94 CSE 


1434 


Nesnow 


07/11/95 


94 CSE 


1435 


Becton 


03/06/95 


94 CSE 


1436 


Beeton 


03/06/95 


94 CSE 


1437 


Becton 


07/28/95 


94 CSE 


1438 


Becton 


07/05/95 


94 CSE 


1439 


Chess 


03/03/95 


94 CSE 


1441 


Chess 


07/18/95 


94 CSE 


1442 


Chess 


06/29/95 


94 CSE 


1444 


Mann 


03/07/95 


94 CSE 1445 


Gray 


03/02/95 


94 CSE 


1446 


Morrison 


03/21/95 


94 CSE 


1447 


Reilly 


04/03/95 


94 CSE 1449 


Nesnow 


07/26/95 


94 CSE 


1450 


Gray 


06/09/95 


94 CSE 


1452 


West 


03/07/95 


94 CSE 


1454 


Nesnow 


04/17/95 


94 CSE 


1455 


Nesnow 


03/07/95 


94 CSE 


1456 


Nesnow 


04/17/95 


94 CSE 


1457 


Nesnow 


04/28/95 


94 CSE 


1458 


Nesnow 


08/10/95 


94 CSE 


1459 


Becton 


03/06/95 


94 CSE 


1460 


Becton 


04/07/95 


94 CSE 


1461 


Becton 


04/07/95 


94 CSE 


1462 


Becton 


04/07/95 


94 CSE 


1463 


Becton 


04/07/95 


94 CSE 


1464 


Chess 


08/15/95 


94 CSE 


1466 


Chess 


06/09/95 


94 CSE 


1468 


Chess 


07/20/95 


94 CSE 


1470 


Mann 


03/31/95 


94 CSE 


1471 


Mann 


03/07/95 


94 CSE 


1472 


Mann 


03/07/95 


94 CSE 


1473 


Gray 


03/02/95 


94 CSE 


1474 


Gray 


03/09/95 


94 CSE 


1475 


Gray 


05/19/95 


94 CSE 


1476 


Morrison 


03/21/95 


94 CSE 


1477 


Morrison 


03/02/95 


94 CSE 


1478 


Morrison 


03/02/95 


94 CSE 1479 


Morrison 


03/21/95 


94 CSE 1480 


Reilly 


04/10/95 


94 CSE 


1481 


Reilly 


06/26/95 


94 CSE 


1482 


Reilly 


04/10/95 


94 CSE 


1484 


Nesnow 


04/17/95 


94 CSE 


1485 


Nesnow 


07/11/95 


94 CSE 


1486 


Nesnow 


04/17/95 


94 CSE 


1487 


Nesnow 


05/23/95 


94 CSE 


1488 


Becton 


07/18/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



953 



CONTESTED CASE DECISIONS 



AGENCY 



Peter Ian Oliveira v. Deparlmenl of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Wesley Kelvin Cook v. Department of Human Resources 

Everett Lee Hunt v. Department of Human Resources 

Kenneth W. Cahoon v. Department of Human Resources 

Ricky S. Blake v. Department of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Timothy James Burnett v. Department of Human Resources 

Carlos L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Timothy Mark Johnson v. Department of Human Resources 

Alan W. Karsner v. Department of Human Resources 

Walter J. Sturdivant v. Department of Human Resources 

Volna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O. Biggs v. Department of Human Resources 

Keith Dewayne Senters v. Department of Human Resources 

Waller E. Champion Jr. v. Department of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Jay C. Edwards, III v. Department of Human Resources 

William Hyman v. Department of Human Resources 

Mahalon E. White v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Ashton Berry Gatlin v. Department of Human Resources 

Louis Cragg lU v. Department of Human Resources 

Dennis Micheal Sanders v. Department of Human Resources 

Anthony Bonini v. Department of Human Resources 

John D. Twine Sr. v. Department of Human Resources 

David A. Gaskins v. Department of Human Resources 

Kevin Ervin Kelley v. Department of Human Resources 

Nathaniel Ashford v. Department of Human Resources 

Ellen Downing v. Department of Human Resources 

Charles R. Hauley v. Department of Human Resources 

Michael L. Schadler v. Department of Human Resources 

Owen B. Fisher Jr. v. Department of Human Resources 

Robin Delmar Goods v. Department of Human Resources 

Julio Alvarado Jr. v. Department of Human Resources 

Thomas A. Morgan v. Department of Human Resources 

Terrence R. McLaughlin v. Department of Human Resources 

Johnnie V. Johnson v. Department of Human Resources 

Ward F. Miller v. Department of Human Resources 

Joel P. Roth V. Department of Human Resources 

Atwani T. Warren v. Department of Human Resources 

Monte Harwell v. Department of Human Resources 

Albert Noah Dunlap v. Department of Human Resources 

James E. Davis v. Department of Human Resources 

Roger T. Benoy v. Department of Human Resources 

Spencer P. Johnson v. Department of Human Resources 

James A. Bryant v. Department of Human Resources 

Conrade Dunklin v. Department of Human Resources 

Kenneth J. Balfour v. Department of Human Resources 

Tony Thomas v. Department of Human Resources 

Willie A. Harris v. Department of Human Resources 

Waller T. Townsend Jr. v. Department of Human Resources 

Martin A. Greene v. Department of Human Resources 

Dennis W. Nolan v. Department of Human Resources 

Roderick Odeli Adams v. Department of Human Resources 

Jonathan L. Payne 11 v. Department of Human Resources 

Charles Scott Wilhoit v. Department of Human Resources 

Mickey Bridgett v. Department of Human Resources 

John Kimmons v. Department of Human Resources 

Randolph J. Nunn v. Department of Human Resources 

David Lester Gordon v. Department of Human Resources 

Larry James Walker, Jr. v. Department of Human Resources 

Wade A. Burgess v. Department of Human Resources 



CASE 




DATE OF 


NUNfBER 


AU 


DECISION 


94 CSE 1489 


Bee too 


03/07/95 


94 CSE 1491 


Beclon 


03/07/95 


94 CSE 1492 


Becton 


04/07/95 


94 CSE 1493 


Chess 


06/01/95 


94 CSE 1494 


Chess 


07/12/95 


94 CSE 1495 


Chess 


06/22/95 


94 CSE 1496 


Chess 


06/28/95 


94 CSE 1498 


Chess 


07/20/95 


94 CSE 1499 


Mann 


03/31/95 


94 CSE 1500 


Mann 


03/31/95 


94 CSE 1502 


Mann 


05/02/95 


94 CSE 1503 


Mann 


05/02/95 


94 CSE 1504 


Gray 


06/26/95 


94 CSE 1505 


Gray 


04/07/95 


94 CSE 1508 


Gray 


03/31/95 


94 CSE 1511 


Gray 


03/02/95 


94 CSE 1512 


Gray 


04/07/95 


94 CSE 1513 


Gray 


04/28/95 


94 CSE 1515 


Morrison 


08/04/95 


94 CSE 1533 


Morrison 


03/02/95 


94 CSE 1534 


Morrison 


04/06/95 


94 CSE 1535 


Morrison 


06/26/95 


94 CSE 1537 


Morrison 


04/06/95 


94 CSE 1538 


Reilly 


03/03/95 


94 CSE 1539 


Reilly 


03/07/95 


94 CSE 1541 


Reilly 


03/07/95 


94 CSE 1542 


Reilly 


04/10/95 


94 CSE 1543 


West 


03/06/95 


94 CSE 1544 


West 


06/23/95 


94 CSE 1545 


West 


07/18/95 


94 CSE 1547 


West 


07/18/95 


94 CSE 1548 


West 


05/22/95 


94 CSE 1549 


Nesnow 


06/02/95 


94 CSE 1551 


Nesnow 


07/26/95 


94 CSE 1553 


Nesnow 


03/30/95 


94 CSE 1554 


Becton 


03/07/95 


94 CSE 1555 


Beeton 


03/07/95 


94 CSE 1562 


Becton 


04/07/95 


94 CSE 1563 


Becton 


04/07/95 


94 CSE 1564 


Becton 


05/22/95 


94 CSE 1567 


Chess 


06/02/95 


94 CSE 1569 


Chess 


03/07/95 


94 CSE 1570 


Chess 


06/28/95 


94 CSE 1571 


Chess 


04/19/95 


94 CSE 1572 


West 


03/14/95 


94 CSE 1573 


West 


03/31/95 


94 CSE 1576 


West 


07/18/95 


94 CSE 1577 


Reilly 


04/10/95 


94 CSE 1578 


Reilly 


04/10/95 


94 CSE 1579 


Reilly 


03/03/95 


94 CSE 1580 


Reilly 


04/10/95 


94 CSE 1582 


Morrison 


04/06/95 


94 CSE 1583 


Morrison 


04/06/95 


94 CSE 1584 


Morrison 


03/07/95 


94 CSE 1585 


Morrison 


07/26/95 


94 CSE 1586 


Morrison 


04/06/95 


94 CSE 1587 


Gray 


04/28/95 


94 CSE 1588 


Gray 


08/11/95 


94 CSE 1590 


Gray 


03/31/95 


94 CSE 1591 


Gray 


04/07/95 


94 CSE 1592 


Morrison 


04/06/95 


94 CSE 1594 


Reilly 


04/21/95 


94 CSE 1595 


West 


05/08/95 


94 CSE 1596 


Nesnow 


04/17/95 


94 CSE 1608 


Mann 


03/21/95 


94 CSE 1609 


Mann 


03/13/95 


94 CSE 1610 


Chess 


06/01/95 


94 CSE 1611 


Chess 


06/09/95 



PUBLISHED DECISION 
REGISTER CITATION 



954 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



CONTESTED CASE DECISIONS 



I 



) 



) 



AGENCY 



Gary Jonca v. Department of Human Resources 
Anthony Harrison v. Department of Human Resources 
Eddie L. Oliver III v. Department of Human Resources 
Michael D. Tyree v. Department of Human Resources 
Edward Fisher v. Department of Human Resources 
Leroy Jones v. Department of Human Resources 
Bernard Cooper v. Department of Human Resources 
William Gray v. Department of Human Resources 
Edward Lockhart v. Department of Human Resources 
Duane B. Marshbum v. Department of Human Resources 
Jimmy R. Jackson v. Department of Human Resources 
Mark A. Jones v. Department of Human Resources 
Ondino Damota Freitas v. Department of Human Resources 
Tony Monzell Perry v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
James B. Stokes Jr. v. Department of Human Resources 
Edith Christine Spurlock v. Department of Human Resources 
Andrew P. Jergens v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Eric L. McDonald v. Department of Human Resources 
Kevin Close v. Department of Human Resources 
Stephen L. Blankenship v. Department of Human Resources 
Herbert T. Robertson v. Department of Human Resources 
Kenny R. Bradshaw v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Ronnie P. Stephens v. Department of Human Resources 
Anthony B. Gardner v. Department of Human Resources 
Timothy C. Okeke v. Department of Human Resources 
Lewis M. Scarborough v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
Robert Larry Martin v. Department of Human Resources 
Dwane M. Williams v. Department of Human Resources 
Joseph O. Evans v. Department of Human Resources 
Donald E. Kirby v. Department of Human Resources 
Darell D. Gaulier v. Department of Human Resources 
Paul R. Ross v. Department of Human Resources 
Bobby Dain Massey v. Department of Human Resources 
Mandei Curry Edwards v. Department of Human Resources 
Carol Jeanne Deese v. Department of Human Resources 
James Wright Jr. v. Department of Human Resources 
Joyce Ann Wilkinson v. Department of Human Resources 
Levem Wilson, Jr. v. Department of Human Resources 
Michael A. Bradford v. Department of Human Resources 
dayman R. Norfleet v. Department of Human Resources 
Johnny C. Cole v. Department of Human Resources 
Rasoul Behboudi v. Department of Human Resources 
Keith Matthews v. Department of Human Resources 
Ernest N. Pruitt, Jr. v. Department of Human Resources 
Troy Cage v. Department of Human Resources 
Clyde R. Gaither v. Department of Human Resources 
Randy E. Baker v. Department of Human Resources 
James Glenn Locklear v. Department of Human Resources 
Walter Swimiak v. Department of Human Resources 
William Rann v. Department of Human Resources 
Inez Brown v. Department of Human Resources 
Matthew L. Ward v. Department of Human Resources 
Sanders Gilliard Hunter v. Department of Human Resources 
James A. Bishop Jr. v. Department of Human Resources 
Mark C. Bushrod v. Department of Human Resources 
Antoine D. Jones v. Department of Human Resources 
Bennie L. Little v. Department of Human Resources 
Derrick Leon Henry v. Department of Human Resources 
Raul A. Dinzey v. Department of Human Resources 
David Dean Davis v. Department of Human Resources 
Frank McGirt v. Department of Human Resources 
Kelly Thomas Felty v. Department of Human Resources 
Kelvin M. Tarlton v. Department of Human Resources 
Clarence O. Hilliard v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94CSE 


1612 


Chess 


07/12/95 


94 CSE 


1615 


Becton 


04/07/95 


94 CSE 


1616 


Becton 


07/10/95 


94 CSE 


1619 


Becton 


04/07/95 


94 CSE 


1621 


Becton 


04/07/95 


94 CSE 


1622 


Nesnow 


07/05/95 


94 CSE 


1623 


Neenow 


04/17/95 


94 CSE 


1645 


Becton 


04/25/95 


94 CSE 


1646 


Chess 


06/02/95 


94 CSE 


1647 


Mann 


08/03/95 


94 CSE 


1648 


Gray 


03/09/95 


94 CSE 


1649 


Morrison 


03/07/95 


94 CSE 


1650 


ReiUy 


03/07/95 


94 CSE 


1651 


West 


04/07/95 


94 CSE 


1652*^ 


Reilly 


05/16/95 


94 CSE 


1653 


Becton 


04/07/95 


94 CSE 


1654 


Chess 


07/19/95 


94 CSE 


1655 


Mann 


05/22/95 


94 CSE 


1656 


Gray 


03/02/95 


94 CSE 


1657 


Morrison 


04/06/95 


94 CSE 


1677 


West 


08/10/95 


94 CSE 


1678 


Becton 


07/28/95 


94 CSE 


1679 


Chess 


06/28/95 


94 CSE 


1700 


Reilly 


04/10/95 


94 CSE 1702 


Becton 


04/07/95 


94 CSE 


1703 


Chess 


06/28/95 


94 CSE 


1704 


Mann 


05/02/95 


94 CSE 


1724 


Reilly 


08/08/95 


94 CSE 


1725 


West 


05/25/95 


94 CSE 


1749*10 


Becton 


07/28/95 


94 CSE 


1750 


Chess 


03/21/95 


94 CSE 


1759 


Nesnow 


06/09/95 


94 CSE 


1766 


Chess 


03/21/95 


94 CSE 


1767 


Reilly 


03/03/95 


94 CSE 


1768 


Mann 


08/03/95 


94 CSE 


1778 


West 


03/06/95 


94 CSE 


1798 


Gray 


04/27/95 


94 CSE 


1799*' 


Gray 


05/31/95 


94 CSE 


1814 


Morrison 


04/27/95 


94 CSE 


1826 


Nesnow 


07/11/95 


95 CSE 0071 


Becton 


04/04/95 


95 CSE 0073 


Chess 


06/28/95 


95 CSE 0116 


Mann 


05/25/95 


95 CSE 0117 


Morrison 


07/11/95 


95 CSE 0118 


Reilly 


06/22/95 


95 CSE 0147 


West 


05/18/95 


95 CSE 0205 


Chess 


07/19/95 


95 CSE 0206 


Phipps 


07/21/95 


95 CSE 0207 


Phipps 


07/26/95 


95 CSE 0208 


Phipps 


07/31/95 


95 CSE 0226 


Nesnow 


07/28/95 


95 CSE 0229 


Phipps 


07/31/95 


95 CSE 0230 


West 


07/18/95 


95 CSE 0273 


Phipps 


06/27/95 


95 CSE 0279 


Phipps 


07/21/95 


95 CSE 0280 


Phipps 


06/27/95 


95 CSE 0284 


Phipps 


05/22/95 


95 CSE 0292 


Gray 


08/07/95 


95 CSE 0297 


Morrison 


07/26/95 


95 CSE 0300 


Reilly 


07/21/95 


95 CSE 0313 


Morrison 


07/21/95 


95 CSE 0321 


Chess 


07/17/95 


95 CSE 0344 


Mann 


08/03/95 


95 CSE 0350 


Phipps 


07/26/95 


95 CSE 0351 


Gray 


08/07/95 


95 CSE 0360 


Morrison 


08/07/95 


95 CSE 0370 


West 


07/26/95 


95 CSE 0371 


Reilly 


05/25/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



955 



CONTESTED CASE DECISIONS 



AGENCY 



Lany James McGirt v. Department of Human Resources 
Alonzo Wilson v. Department of Human Resources 
Reginald Hill v. Department of Human Resources 
Rhonda D. Deaton v. Department of Human Resources 
Timothy W. Barber v. Department of Human Resources 
Rudolph C. Williams v. Department of Human Resources 
John K. Bostic v. Department of Human Resources 
Eva T. Wilson v. Department of Human Resources 
Dave L. James v. Department of Human Resources 
Robert Lee Bullock v. Department of Human Resources 



Distribution Child Support 
Lisa J. Hill v. DHR, Div. of Social Svcs., Child Support Enf. Section 95 DCS 0239 

Hok£ County Social Senices 
Mr. and Mrs. William Jeffereon v. Hoke Cly Soc Svcs, Linda Cromartie 95 DHR 0857 

Rockingham Count)' Department of Social Services 
Crystean Fields v. Rockingham County DSS 95 DHR 0316 

V/ake County Social Senices 

Grace A. Wright v. Wake County Social Services., Suzanne Woodell 94 DHR 1618 

and Craig Glenn 

INSURANCE 

Grace F. Watkins v. Teachers' & St. Emp. Comp. Major Med. Plan 94 INS 1639 

Billy Gene Campbell v. Department of Insurance 95 INS 0143 

Karen Wingert Bunch v. Teachers' & St. Emp. Comp. Major Med. Plan 95 INS 0243 

JUSTICE 



Alarm Systems Licensing Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 
Chad R. Fuller v. Alarm Systems Licensing Board 

Education and Training Standards Division 

Ricky Dale McDevin v, SherifTs Ed. & Training Stds. Comm. 

Reginald Keith Goffington v. Ciminal Justice Ed. & Training Stds. Comm. 

Nervin Joseph DcDeaux v. Criminal Justice Ed. &. Training Stds. Comm. 

Tony Lamont Blackmon v. Criminal Justice Ed. & Training Stds. Comm. 

Constance F. Lawrence v. SherifTs Ed. & Training Stds. Comm. 

Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm. 

Marilyn Jean Britt v. Sheriffs Ed. & Training Stds. Comm. 

Antonio Tremont Davie v. Sheriffs Ed. & Training Stds. Comm. 

Amy Rebecca Batcheler v. Sheriffs Ed. & Training Stds. Comm. 

Richard Dan Wuchte v. Criminal Justice Ed. »S: Training Stds. Comm. 

Henry Roger Judd v. Sheriff's Ed. & Training Stds. Comm. 

Mark Jason Smith v. Sheriffs Ed. & Training Stds. Comm. 

Jeffrey Andre Jenkins v. Criminal Justice Ed. & Training Stds. Comm. 

Private Protective Services Board 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


95 CSE 0389 


Nesnow 


08/10/95 


95 CSE 0414 


Becton 


07/28/95 


95 CSE 0438 


Becton 


07/21/95 


95 CSE 0489 


Becton 


07/05/95 


95 CSE 0491 


Phipps 


08/07/95 


95 CSE 0492 


Gray 


07/18/95 


95 CSE 0493 


Nesnow 


08/02/95 


95 CSE 0520 


Reilly 


07/21/95 


95 CSE 0539 


Mann 


07/21/95 


95 CSE 0559 


Phipps 


07/31/95 



PUBLISHED DECISION 
REGISTER CITATION 



94 DOJ 1825 

95 DOJ 0716 



Phipps 



Gray 



Reilly 



Chess 



Reilly 
West 



05/02/95 



08/17/95 



06/01/95 



05/03/95 



Chess 


05/24/95 


Reilly 


04/20/95 


Morrison 


07/21/95 



03/09/95 
08/18/95 



i 



94 DOJ 1710 


Nesnow 


05/04/95 


10:05 NCR 324 


95 DOJ 0028 


Becton 


06/08/95 




95 DOJ 0029 


Reilly 


05/16/95 




95 DOJ 0043 


Reilly 


06/02/95 




95 DOJ 0076 


Morrison 


04/06/95 




95 DOJ 0101 


Morrison 


06/13/95 


10:07 NCR 627 


95 DOJ 0172 


Gray 


08/03/95 




95 DOJ 0298 


Phipps 


08/08/95 




95 DOJ 0364 


West 


08/16/95 




95 DOJ 0401 


Nesnow 


06/07/95 




95 DOJ 0431 


Nesnow 


08/02/95 




95 DOJ 0795 


Gray 


08/14/95 




95 DOJ 1408 


Phipps 


07/31/95 





Lewis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donnell E. Morrow, Jr. v. Private Protective Services Board 
Private Protective Services Board v. James C. Purvis 
Private Protective Services Board v. Samuel O. Smith 
Jann Mitchell Stanley v. Private Protective Services Board 
Donald Wayne Clark v. Private Protective Services Board 
Richard Frank v. Private Protective Services Board 



94 DOJ 1000 


Chess 


94 DOJ 1064 


Chess 


94 DOJ 1635 


Reilly 


94 DOJ 1823 


Reilly 


95 DOJ 0018 


Chess 


95 DOJ 0133 


Chess 


95 DOJ 0420 


Morrison 


95 DOJ 0444 


Phipps 


95 DOJ 0610 


Phipps 



03/03/95 
02/24/95 
03/09/95 
03/09/95 
05/15/95 
05/09/95 
05/24/95 
07/14/95 
08/10/95 



10:09 NCR 805 



i 



956 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Marvin E. ShackJeford v. Private Protective Services Board 
Julius T. Fajrley v. Private Protective Services Board 
James L. McLeary, Jr. v. Private Protective Services Board 

LABOR 

Occupational Safety & Health Division 

Lenoir County Public Schools v. Department of Labor, OSHA 
Private Personnel Service Division 



95 DOJ 0611 
95 DOJ 0612 
95 DOJ 0613 



95 DOL 0218 



Phipps 
Phipps 
Phipps 



Nesnow 



07/18/95 
07/20/95 
07/18/95 



Employment Consultants, Inc. v. Private Personnel Seivice Division 95 DOL 0209 Morrison 

Wage and Hour Division 

R.J. Scott, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Div. 94 DOL 1524 West 
PUBLIC INSTRUCTION 



Glenn 11, on behalf of Glenn U, and Gleim n. Individually v Charlotte- 

MeckJenburg County Schools 
S.M. on Behalf of J. A.M., and S.M., Individually, and J.M. v. Davie 

County Board of Education 
William Hewett v. State Board of Education 
James Midgette v. State Board of Education 
Deborah R. Crouse v. State Board of Education 
Bobby G. Little v. Department of Public Instruction 
Tonya Marie Snipes and Robert Leon Snipes v. Orange County Schools 
Vance County Schools v. Haywood Yarborough 
Laveme K. Suggs v. Department of Public Instruction 
Lavem K. Suggs v. Guilford County Schools 
Kenneth G.H. Leftwich v. State Board of Education 



93 EDC 0549 


Chess 


93 EDC 0742 


Phipps 


94 EDC 0533 


Gray 


94 EDC 1401 


Reilly 


95 EDC 0003 


Chess 


95 EDC 0168 


Phipps 


95 EDC 0225 


Mann 


95 EDC 0235 


Mann 


95 EDC 0384 


Nesnow 


95 EDC 0385 


Nesnow 


95 EDC 0405 


Nesnow 



05/01/95 



07/07/95 



03/23/95 



03/16/95 

05/30/95 

03/31/95 
05/02/95 
04/10/95 
03/20/95 
05/15/95 
08/04/95 
07/12/95 
06/02/95 
05/25/95 



10:02 NCR 179 



STATE BAR 



Riillip S. Banks, EI v. North Carolina State Bar 
STATE PERSONNEL 



95 BAR 0861 



Morrison 



08/18/95 



Caswell County Health Department 

Delia Brown v. Caswell County Health Department 
Julie R. Johnson v. Caswell County Health Department 

N.C. Central University 

Peter A. Fore v. N.C. Central University 

Department of Commerce 



94 OSP 0834 
94 OSP 0865 



93 OSP 0189 



Nesnow 
Reilly 



Nesnow 



T. Sherwood Jemigan v. Depl. of Commerce, Savings Institution Div. 94 OSP 0775 West 

Department of Correction 



Nancy Gilchrist v. Department of Correction 

Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole 

Thomas Wayne Smalhers v. Department of Correction 

George J. McClease, Jr. v. Department of Correction 

Nancy C. Walker v. Department of Correction 

Ruth Kearney v. Department of Correction 

James W. Hughes v. Department of Correction, Blue Ridge Unit Avery 

William E. Norwood. Jr. v. Department of Correction 

Department of Crime Control and PuhUc Safety 



Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safety94 OSP 1399 Chess 

Robert W. Beasley v. Crime Control & Public Safety. St. Highway Patrol 94 OSP 1821 Morrison 



06/12/95 
03/15/95 



06/13/95 



05/25/95 



94 OSP 0121 


West 


03/09/95 


94 OSP 0332 


West 


05/15/95 


94 OSP 0590 


West 


03/23/95 


94 OSP 0644 


Gray 


04/19/95 


94 OSP 1206 


Gray 


08/18/95 


94 OSP 1807 


Becton 


03/13/95 


95 OSP 0334 


Becton 


07/25/95 


95 OSP 0500 


Gray 


08/16/95 



06/13/95 
08/10/95 



10:11 NCR 965 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



957 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Office of the District Attorney 

Shannon Caudill v. Office of the District Attorney for Judicial 
District 17-B, and Administrative Office of the Courts 

Dorothea Dix Hospital 

Paul E. Hunter \'. Dorothea Dix HospitaJ 

East CaroUna University 

Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 
Lillie Mercer Atkinson v, ECU, Dept. of Comparative Medicine, et al. 

Edgecombe County Health Department 

Ronald E. Wooten v. Edgecome County' Health Department 

Department of Environment, Health, and Satural Resources 

Babette K. McKemie v. EHNR, Div. of Enviromnenlal Management 

FayetteviUe State University 

George Benslead v. Fayette\ille State University 
Lt. Bobby McEachem v. FSU Police Department 
Officer Gregor A. Miles v. FSU Police Department 

Forsyth Stokes Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 

Department of Human Resources 

April Benfield v. Department of Human Resources 
and 
Western Carolina Center 
Eugene Hightower, Jr. v. Department of Human Resources, EEO 
Rebecca Johnson v. Human Resources, Special Care Center 

BUzck Mountain Center 

James Harrison v. Black Mountain Center, Dept. of Human Resources 
James Harrison v. Black Mountain Center, Dept. of Human Resources 

Cherry Hospital 
William H. Cooke v. DHR, Cherry Hospital 

Durham County Department of Social Services 
Delores H. Jeffers v. Durham County Department of Social Ser.ices 

Gaston County Department of Social Services 
Bobbie J. Gilliam v. Gaston County Department of Sovial Services 

Iredell Count\ Department of Social Senices 

Vernon E. Grosse v. Iredell County Department of Social Services 
Bonnie N. Bellamy v. Iredell County Department of Social Services 

Richmond County Department of Social Senices 

Emma Jane Bradley v. Richmond County Dept. of Social Services 



95 OSP 0188 



95 OSP 0504 



95 OSP 0038* 
95 OSP 0057*" 



94 OSP 1209 



94 OSP 0358 



Nesnow 



Gray 



Becton 
Becton 



Gray 



Chess 



94 OSP 0499 



Che 



94 OSP 0994*" 

95 OSP 0190*" 



93 OSP 1547 



94 OSP 0939 



94 OSP 0770 



94 OSP 0282 
94 OSP 0739 



95 OSP 0055 



Gray 
Gray 



Gray 



Morrison 



West 



Becton 
Chess 



Reilly 



03/20/95 



07/12/95 



06/08/95 
06/08/95 



07/10/95 



05/31/95 



94 OSP 1597 


Nesnow 


04/04/95 


95 OSP 0042*' 


Reilly 


07/05/95 


95 OSP 0058*' 


Reilly 


07/05/95 



03/24/95 



94 OSP 1758 


Nesnow 


06/07/95 


94 OSP 1811 


West 


05/04/95 


95 OSP 0138 


West 


03/31/95 



07/31/95 
07/31/95 



03/16/95 



06/12/95 



05/24/95 



03/09/95 
03/01/95 



07/18/95 



10:01 NCR 48 



10:09 NCR 809 



958 



NORTH CAROLINA REGISTER 



September 1, 1995 10:11 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Wake County Department of Health 

Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, Dir. 94 OSP 1032*' Nesnow 

Sabrina R. Crowder V. Wake County/Health Depl., Richard Stevens 94 OSP 1072*' Nesnow 

Thomasine D. Avery v. Wake County/Health Department 94 OSP 1074*' Nesnow 



Wake County Department of Social Services 
Olivia L. Jordan v. Wake County/Department of Social Services 
Department of Labor 
Michael Robert Smith v. Department of Labor 



94 OSP 1179*' Nesnow 



94 OSP 0610 



Nesnow 



Lee-Harnett Area Mental BeaJth, Developmental Disabilities, and Substance Abuse Authority 



89 OSP 0612 


Nesnow 


94 OSP 1173 


Reilly 


95 OSP 0044 


Morrison 


95 OSP 0130 


West 


95 OSP 0213 


Phipps 



Julie Dyer v. Lec-Hamett Area MH/DD/SA Authority 94 OSP 0750 

North Carolina Special Care Center 

Lynn Banasiak Bass v. North Carolina Special Care Center 95 OSP 0419 

North Carolina State University 



Artelia S. Clark v. N.C. State University 

Wesley Brown v. N.C. State University 

David L. Bauer v. North Carolina State University 

Billy Ray Kelly v. NCSU Physical Plant 

Heather Ann Waskiowicz v. NCSU, Dept. of Public Safety 



Orange-Person-Chatham Mental Health 

Patricia A. Harris v. Orange-Person-Chatham Mental Health 95 OSP 0162 

Department of Transportation 

Michael E. Komegay v. Department of Transportation 

Robert F. Coins v. Department of Transportation 

Esther Doe Murphy v. Department of Transportation 

Judy H. Arnold v. Department of Transportation, Div. of Motor Vehicles 95 OSP 1075 

University of North Carolina 

Beth Ann Miller v. UNC Student Health 94 OSP 0800 

UNC Hospitals 



David Patrick Malone v. Univ. of NC Hospital at Chapel Hill 
Lillian C. Daniels v. UNC Hospital 

Wake County 

Mark Morgan v. Wake County 
STATE TREASURER 



94 OSP 0771 

95 OSP 0056 



94 OSP 0937 



Gray 



Phipps 



West 



Nesnow 



Becton 
Morrison 



Nesnow 



06/12/95 
06/12/95 
06/12/95 



06/12/95 



06/09/95 



03/20/95 



08/01/95 



07/07/95 
06/30/95- 
04/25/95 
03/22/95 
07/06/95 



04/11/95 



93 OSP 1700 


Gray 


03/24/95 


94 OSP 0281 


Chess 


05/30/95 


95 OSP 0114 


Gray 


07/10/95 


95 OSP 1075 


Becton 


07/31/95 



05/25/95 



03/14/95 
05/11/95 



04/28/95 



John W. Parris V. Bd. of TrusteesZ/NC Local Gov. Emp. Retirement Sys. 91DST1093 Nesnow 05/04/95 

Channie S. Chapman v. Bd/Trustees//NC Local Gov. Emp. Ret Sys. 94 DST 0443 Morrison 05/15/95 

Bryan L. Basden v. Retirement Systems Division 95 OSP 0171 Chess 06/21/95 

Wayne La Broad V. Bd./Trustees//Teachers/St. Emp. Retirement Sys. 95 DST 0219 Morrison 07/14/95 

Tammy Evonne Ashcroft Brownv. BdArr.//NC Local Gov. Emp. Ret Sys. 95 DST 0404 Phipps 07/27/95 



10:08 NCR 700 



10:04 NCR 287 



10:10 NCR 872 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



959 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF CATAWBA 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 



i 



VLADIMIR WALTER KOZLIK JR. 
Petitioner, 



ALCOHOLIC BEVERAGE COMMISSION 
Respondent. 



94 ABC 1754 



N.C. ALCOHOLIC BEVERAGE CONTROL 
CONCVnSSION 

Petitioner, 



VLADIMIR WALTER KOZLIK, JR. 
T/A HAPPY CORNER 
Respondent. 



95 ABC 0518 



RECOMMENDED DECISION 

These contested cases were ordered consolidated by Order of June 2, 1995 and heard before Chief Administrative 
Law Judge Julian Mann, IQ on June 19, 1995, in the 1924 Courthouse, Courthouse Square, Newton, Catawba County, North 
Carolina. For purposes of this recommended decision, Vladimir Walter KozUk, Jr. shall be referred to as the Petitioner and 
the Alcoholic Beverage Control Commission shall be referred to as Respondent. 

APPEARANCES 



For Petitioner: 



For Respondent: 



Edmond W. Caldwell, Jr. 

Hafer McNamara Caldwell Carraway Layton & McElroy, P. A. 

Attorneys at Law 

P. O. Box 30518 

Raleigh, NC 27622 

Fred A. Gregory 

Assistant Counsel 

NC Alcoholic Beverage Commission 

P. O. Box 26687 

Raleigh, NC 27611-6687 

WITNESSES 



For Petitioner: 



For Respondent: 



Edmond W. Caldwell, Sr. 

S. A. Tally 

Clyde Deal 

Nina Greeson 

Garland Eugene Whitaker, Jr. 

Michael Ledford 

Maria Deal 



i 



960 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



CONTESTED CASE DECISIONS 



Sema White 

EXHiBrrs 

For Petitioner: None 

For Respondent: Respondent's Exhibit 1, 2, 3 and 4 

ISSUE 
Was Petitioner's application for ABC malt beverage permits properly denied? 

STIPULATIONS PLACED ON RECORD 

1. Venue and jurisdiction are correct. 

2. There are no pending motions except the Petitioner's Motion In Limine to be heard prior to the beginning 
of the contested case hearing. 

3. There has been an exchange of exhibits between the parties. 

4. There has been free and open discovery between the parties. 

5. There has been an exchange of witness lists which was amended prior to the beginning of the contested 
case hearing. 

6. The trial of these contested cases is in all respects ready for hearing. 

7. There has been a discussion of settlement alternatives between the parties and the parties have been unable 
to settle these contested cases. 

8. The only issue for determination in the contested case hearing is the validity of the rejection of an on-prem- 
ises beer permit as indicated in the official Notice of Rejection from Respondent dated December 6, 1994, and as amended 
in the second contested case filed by the Respondent. 

MOTIONS PRIOR TO THE 
BEGINNING OF THE CONTESTED CASE HEARING 

The Petitioner argued his Motion In Limine. This Motion was denied. 

Based upon the stipulations and the greater weight of the admissible evidence, the undersigned makes the following 

FINDINGS OF FACT 

1. The Office of Administrative Hearings has personal and subject matter jurisdiction of this consolidated contested 
case pursuant to Chapters 18B and 150B of the North Carolina General Statutes. 

2. Petitioner Vladimir Walter Kozlik, Jr., trading as the Happy Comer, has applied for on-premises malt beverage 
pennits from the Respondent, the North Carolina Alcoholic Beverage Control Commission. 

3. Respondent is an agency of the State of North Carolina and is charged with the regulation of the sale of alcoholic 
beverages within the State. 

4. Petitioner seeks on-premises malt beverage permits for the operation of the Happy Comer Tavem located at 2003 
Emmanuel Church Road, Conover, Catawba County, North Carolina. 

5. On or about the second day of June, 1992, the Petitioner pursuant to a no contest plea was found guilty in the 



10:11 NORTH CAROLINA REGISTER September 1, 1995 961 



CONTESTED CASE DECISIONS 



District Court of Catawba County of a violation of G.S. 14-204(1) for operating an establishment for the puqjoses 
of prostitution and assignation. Petitioner was ordered to pay a fine of $200 and costs; given a three month 
suspended sentence; and placed on unsupervised probation for a period of five years (Resjxjndent's Exhibit No. 3). 

6. On or about October 21, 1994, Respondent issued to Petitioner temporary malt beverage and wine jjermits to operate 
this tavern and Petitioner began operating under these permits. 

7. On or about November 4, 1994, ALE Agent Tally entered into the establishment and discussed with the Petitioner 
the regulations governing the operation of the premises (Respondent's Exhibit No. 2). 

8. On that date. Agent Tally specifically discussed with the Petitioner the regulations pertaining to the prohibition of 
living quarters on the permitted premises. 

9. On or about December 6, 1994, the Respondent revoked the temporary permits of the Petitioner and denied his 
apphcation for ABC permits. The Petitioner was allowed to continue operating under temporary permits pending 
the hearing of these contested cases. 

10. On or about February 17, 1995, Agent Tally entered the premises for purposes of conducting an outlet check. 
Agent Tally encountered one of Petitioner's employees, Julie Burcham, and Agent Tally observed a bed in the 
storage area directly behind the counter. (Respondent's Exhibit No. 4). 

11. The size of the storage area was approximately five and a half feet wide by approximately 13 feet in length. 

12. The bed was a full-size bed. It had sheets and blankets on the bed. The bed was not made up and there were 
clothes on the bed and in the room. 

13. Petitioner admitted that he spent nights in his establishment to prevent acts of vandalism and protect his premises. 
Petitioner feared that his establishment was going to be damaged. 

14. On or about February 18, 1995, ABC agents conducted an undercover investigation of Petitioner's premises. No 
charges were filed against Petitioner's establishment as a result of this investigation. 

15. Agent Tally concluded that there was adequate parking for Petitioner's establishment, and Petitioner's establishment 
would create no undue burden on traffic conditions in the neighborhood and further that the establishment complied 
with all city and county zoning ordinances. 

16. Agent Spurling of Catawba County was provided with an opportunity to present local government objections. No 
objection was filed by the County of Catawba. 

17. Agent Tally had not investigated any criminal activity on the premises or history of criminal activity on the 
permitted premises. 

18. Julie Burcham has been previously prosecuted for the crime of prostitution in connection with Petitioner's 
conviction. She is Petitioner's employee and girlfriend. 

19. During the period of time that Edmond W. Caldwell, Sr., operated the Happy Comer with on-premises ABC 
permits from 1976 to 1993, the establishment had been vandalized approximately five to seven times. 

20. The Petitioner is operating the premises as the tenant of Mr. Caldwell and has been a good tenant. He has not In 
any way damaged the premises. 

21. During the month of June 1995, Ms. Nina Greeson observed an individual standing in front of the premises 
urinating. Greeson did not report this incident to the police. 

22. Several residents of the neighborhood complained that cars were being driven dangerously on ingress and egress 
from the premises. 

23. Incidents of men walking on the roads adjacent to the location of the premises has increased in the several weeks 
962 NORTH CAROLINA REGISTER September 1, 1995 10:11 



CONTESTED CASE DECISIONS 



prior to the hearing. 

24. Little of the testimony concerning the allegations regarding neighborhood objections could be connected to any 
improper activity regarding the operation of the premises. 

25. In the latter part of May 1995, Sema White observed a young woman in the parking lot provocatively dressed, 
leaning over into a car talking to two men. 

26. L. B. (Rick) Beasley has been designated by the City of Conover to make recommendations to Respondent concern- 
ing the suitability of persons or locations for ABC permits. The City of Conover did not approve of the applicant 
or the location. The City of Conover did certify that the location was in compliance with local zoning ordinances; 
compUed with all buUding and fire codes, but the City believed that this establishment would be detrimental to the 
residential neighborhood because of the Petitioner's past criminal record and by the fact that the premises parking 
lot is used as a bus stop for elementary and high school buses. (Resjwndent's Exhibit No. 1). 

27. No objection was raised at the hearing concerning the issuance to Petitioner of off-premises malt beverage and wine 
permits. 

Based upon the foregoing Stipulations and Findings of Fact, the undersigned makes the following 

CONCLUSIONS OF LAW 

1 . The Office of Administrative Hearings has personal and subject matter jurisdiction of these contested cases pursuant 
to Chapters 18B and 150B of the North Carolina General Statutes. 

2. A conviction under G.S. 14-204(1) is a misdemeanor conviction. Petitioner's conviction of this offense pursuant 
to a plea of no contest on June 2, 1992 does not constitute an offense that would make the Petitioner ineligible for 
ABC permits pursuant to G.S. 18B-9(X). There was no other evidence of Petitioner's prior criminal record, if any; 
therefore. Petitioner is not ineligible to hold ABC permits because of this conviction. 

3. Although there was slight evidence in the record as to the reputation of the Petitioner, this evidence was based 
primarily upon Petitioner's conviction of a misdemeanor; therefore. Petitioner is not ineligible for permits under 
G.S. 18B-90 1(c)(1). The evidence was insufficient to establish that Petitioner is unsuitable to hold ABC permits. 
Therefore, it is concluded that Petitioner is a suitable person to hold ABC permits pursuant to G.S. 18B-901(c). 

4. The location has been previously operated under the same name and type of establishment for 17 years. Therefore, 
the location cannot be found to be unsuitable pursuant to G.S. 18B-901(c). 

5. The local government objection was based upon three factors contained in Respondent's Exhibit No. 2. Evidence 
of a single conviction of a misdemeanor on the part of the Petitioner is insufficient to constitute Petitioner as a 
criminal offender sufficient to make him ineligible for permits. The finding that the premises is located in a 
residential area where it has always been located is insufficient to deny Petitioner's permits. Lastly, it is insufficient 
to declare Petitioner ineUgible because the premises' parking facility is used as a bus stop for elementary and high 
school buses. The evidence was insufficient to establish any adverse connection between the bus stop and these 
premises. 

6. The existence of a full-size bed on the premises and the existence of some clothing on and around the bed does not 
convert the storage area into a Uving quarters for purposes of 4 NCAC 2S .0102(e). Living quarters is not defined 
in this rule. 

7. G.S. 18B-901(c)(8) is quoted as follows: 

Any other evidence that would tend to show whether the applicant would comply with 
the ABC laws and whether the operation of his business at the location would be 
detrimental to the neighborhood. 

The question as to whether or not the operation of this business by the permittee at this location is detrimental to 



10:11 NORTH CAROLINA REGISTER September 1, 1995 963 



CONTESTED CASE DECISIONS 



the neighborhood is a legitimate issue raised by these facts. Any establishment with on-premises ABC permits 
which is operated by a permittee who has previously been convicted of a prostitution-related offense, coupled with 
the permittee's employee/girlfriend also having been prosecuted for a prostitution-related offense taken together with 
the existence of a full-size bed on the premises and the identification of a woman observed in the parking lot 
provocatively dressed would cumulatively raise sufficient factors to conclude that the operation of this establishment 
would be detrimental to a residential neighborhood. 

8. No evidence was introduced to establish that any prostitution or related offense occurred on the premises. However, 
the evidence was sufficient to indicate the premises as presently operated at this location "tends to show" it would 
be detrimental to the neighborhood under G.S. 1 8B-90 1(c)(8). 

9. The removal of the full-size bed from the premises; the removal of a female employee who has been previously 
prosecuted for prostitution along with the Petitioner's monitoring of the parking lot and premises to remove any 
female patron provocatively dressed who engaged in an activity which could be interpreted as solicitous behavior 
would cure the detrimental conditions to the neighborhood. Therefore, under G.S. 18B-906(c), if Petitioner between 
the time of the issuing of the recommended decision and the final decision eliminates these adverse factors, the 
Petitioner's requested on-premises ABC malt beverage permits should be issued. 

10. Respondent did not err in denying Petitioner's application for on-premises malt beverage permits. Petitioner is 

entitled to off-premises permits for the sale of alcoholic beverages because these permits have never been at issue. 

Based on the foregoing Sripularions, Findings of Fact and Conclusions of Law, the undersigned makes the following 

RECOMMENDED DECISION 

That the ABC Commission deny Petitioner's application for on-premises malt beverage permits unless Petitioner 
pursuant to G.S. 18B-906(c) can establish that his premises as operated would be compatible with the character of this 
residential neighborhood as it has been operated for 17 years free of any indicia of solicitous conduct as stated in the above 
Conclusions of Law. Further, that the Respondent issue to the Petitioner off-premises permits for malt beverages. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, NC 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the North Carolina Alcoholic Beverage Control 
Commission. 

This the 2nd day of August, 1995. 



Julian Mann, III 

Chief Administrative Law Judge 



964 NORTH CAROLINA REGISTER September 1, 1995 10:11 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFFICE OF 

ADNHNISTRATTVE HEARINGS 

94 OSP 1821 



ROBERT W. BEASLEY 
Petitioner, 

V. 

N.C. DEPT. OF C.C. & P.S. 

STATE HIGHWAY PATROL 

Respondent. 



RECOMMENDED DECISION 



The appeal of Robert W. Beasley, a former employee of the North Carolina Department of Crime Control and 
Public Safety, Division of Highway Patrol, was heard by Fred G. Morrison Jr., Senior Administrative Law Judge, on June 
28 & 29, 1995, in Raleigh, North Carolina. 



For Petitioner: 



For Respondent: 



APPEARANCES 

Philip G. Kirk 

Kirk, Kirk, Gwynn & Howell 

P.O. Box 729 

Wendell, NC 27591 

Christine Odell DiNovo 
N.C. Dept. of Justice 
Crime Control Section 
P.O. Box 27687 
Raleigh, NC 27611 

ISSUE 

Whether the Respondent had just cause to terminate Petitioner's employment as a Highway Patrol Trooper. 

OPINION OF THE ADMINISTRATIVE LAW .JUDGE 
Based on competent evidence admitted at the hearing, the Administrative Law Judge makes the following: 

FINDINGS OF FACT 

1. Mr. Robert W. Beasley, Petitioner, was continuously employed with the State Highway Patrol from the fall of 1979, 
imtil September 21, 1994, when he was discharged. He was a career State employee when dismissed. 

2. Respwndent dismissed Petitioner fixim his employment as a Trooper with the State Highway Patrol for alleged "Type 
I Personal Conduct violations" of the State Highway Patrol Code of Conduct. Said dismissal was ordered by Colonel R.A. 
Barefoot, the Patrol Commander, and carried out by Major R.W. Holden, the Director of Internal Affairs. 

3. Petitioner's dismissal was based on the results of an Internal Affairs investigation. This investigation began in July, 
1994, after Gerald Perry, the owner/operator of Morrisville Gulf, alleged that Petitioner went to Mr. Perry's place of 
business in March, 1994, and borrowed $400.00. In exchange for the loan. Petitioner gave Mr. Perry a check, which was 
subsequently returned by the bank due to insufficient funds. Soon after the investigation began, a second complaint was 
received from Ray Scarborough who alleged that in June, 1994, Petitioner had given him a worthless check Ln the amount 
of $150.00. 

4. During the course of the investigation, the investigators discovered that: (1) Petitioner had obtained money and 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



965 



CONTESTED CASE DECISIONS 



property in exchange for worthless checks he issued to numerous persons, most of whom were owners of wrecker businesses 
who regularly were called to accident scenes by the State Highway Patrol; (2) that he knew at the time that he issued the 
checks that he had insufficient funds or credit in his account to cover the checks; and (3) that as of the time of the 
investigation, he had not repaid the loans. The investigation also revealed that on two separate occasions. Petitioner obtained 
money and/or services from owners of wrecker businesses, promising to repay the debt the following day, but in fact did 
not pay as promised. Most of these transactions occurred while Petitioner was on duty, in uniform, and while operating his 
issued State Highway Patrol vehicle. 

5. The Internal Affairs Investigators, after interviewing Petitioner and each of the identified victims, prepared a Report 
of Investigation and Memorandum to the Director of Internal Affairs wherein they concluded that Petitioner had violated the 
following provisions of the State Highway Patrol Code of Conduct: 

a. Subchapter 9C.0002 Conformance to Laws; (Worthless Checks and False Pretenses); 

b. Subchapter 9C.0004 Unbecoming Conduct; and 

c. Subchapter 9C.0042 Payment of Debts 

6. After Major Holden, the Director of Internal Affairs, had reviewed the Report of Investigation, accompanying 
Memorandum, and Petitioner's personnel file, he discussed the matter with the investigators. He agreed with their findings 
and recommended to the Patrol Commander that Petitioner be dismissed from the State Highway Patrol. 

7. The Patrol Commander reviewed the Memorandum and Report of Investigation. Subsequently, he directed that 
Petitioner be dismissed and a Pre-Dismissal Conference be conducted. 

8. A Pre-Dismissal Conference was held and Petitioner was subsequently dismissed from the State Highway Patrol on 
September 21, 1994. 

9. Pursuant to State Highway Patrol Policy, Petitioner appealed his dismissal to the Secretary of Crime Control and 
Public Safety. A Patrol Advisory Board consisting of five members of the State Highway Patrol was convened and 
unanimously recommended to the Secretary of Crime Control and Public Safety that Petitioner's dismissal be upheld. 

10. The Secretary of Crime Control and Public Safety upheld Petitioner's dismissal, and Petitioner filed a Petition for 
Contested Case Hearing with the Office of Administrative Hearings on December 30, 1994. 

11. The evidence presented at the hearing of this contested case revealed the following relevant facts: 

(a) In December, 1991, while on duty and in uniform. Petitioner borrowed $50.00 from Wade Cummings 
(owner of Cummings Body Shop). Cummings stated Petitioner said he had forgotten his checkbook and needed to 
purchase yearly calendars for the "troojDers'" office. He promised to repay the debt the following day. Petitioner, 
by his own admission, did not need to purchase yearly calendars for the Troopers' office and he did not repay the 
debt the following day as promised. Significantly, the only prior contact Petitioner ever had with Mr. Cummings 
was while on official duties, investigating accidents at which Mr. Cummings was the wrecker driver. Petitioner 
testified that he borrowed this money to get his children's school pictures, not for patrol calendars. 

(b) In Octot>er, 1993, Petitioner had $600.00 worth of repairs done to his personal vehicle from Bobby 
Harrington (owner of Tilley Brothers Body Shop), promising to pay for the repair work the next day. Petitioner 
has not paid Mr. Harrington as promised. Mr. Harrington had no prior personal relationship with Petitioner and 
released the vehicle to Petitioner, thereby extinguishing his mechanic's lien, only because Petitioner was a State 
Trooper. 

(c) On September 30, 1992, Petitioner issued to David Campbell a worthless check in the amount of 
$2,500.00. 

(d) On January 25, 1993, Petitioner issued to Gary Ivey (owner of Ivey's Towing & Transport Service) a 
worthless check in the amount of $250.00. This amount had not been repaid as of September 21, 1994. 

(e) On January 14, 1994, Petitioner issued to Leon Hyatt (owner of Gamer Wrecker Service) a worthless check 
966 NORTH CAROLINA REGISTER September 1, 1995 10:11 



CONTESTED CASE DECISIONS 



) 



in the amount of $80.00. 

(f) On Februaiy 28, 1994, Petitioner issued to David Campbell a worthless check in the amount of $2,200.00. 

(g) On March 11, 1994, Petitioner issued to Gerald Perry a worthless check in the amount of $400.00. 

(h) On June 17, 1994, Petitioner issued to Roy Scarborough a worthless check in the amount of $150.00. 

(i) As of September 21, 1994, Petitioner owed $300.00 to Donnie Harrison, operator of Swift Creek Mini 

Mart. This bill was approximately three years old. 

(j) In Januaiy of 1993, Petitioner borrowed $400.00 from wrecker driver Ronald White and issued him a check 

for this amount. White never deposited the check. He was repaid. 

(k) In August of 1993, Petitioner borrowed $300.00 from Billy Sauls (owner of Sauls Exxon) and failed to 

repay him until March, 1995. Sauls loaned him the money because he was a State Trooper. 

(1) Petitioner borrowed $150.00 from Howard Casey (owner of G&H Wrecker Service) in or around August, 

1993, and failed to timely repay him. 

(m) As of September 21, 1994, Petitioner owed $80.00 to Leon Hyatt (owner of Gamer Wrecker Service). 

Mr. Hyatt held a check in that amount since January 14, 1994. He has been repaid. 

(n) In December, 1991, Petitioner went to the home of Wade Cummings (owner of Cummings Body Shop), 

at night, and asked to borrow $4,000.00. The only prior contact Petitioner had with Mr. Cummings was at accident 
scenes and when he borrowed $50.00 earlier that day. Petitioner told Mr. Cummings, a virtual stranger, that he 
had financial problems because the Highway Patrol would not allow him to continue operating his lawn maintenance 
business (in fact. Petitioner testified that he terminated his lawn maintenance business in 1989). Mr. Cummings 
loaned Petitioner $2,000.00 based on the promise it would be repaid in three months. Final payment was not made 
until August, 1993. 

(o) In or about August, 1993, while on duty, in his uniform, and investigating a wreck. Petitioner went to the 

business establishment of Jimmy Marcum (owner of Collins Wrecker Service) and asked if he could borrow $100.00 
until the next day. Petitioner had never met Mr. Marcum before asking to borrow the money. Approximately one 
month later. Petitioner returned and borrowed an additional $400.00. The debts were not timely paid as promised. 

12. There is a special relationship between the State Highway Patrol and wrecker drivers, due to the critical role of the 
Highway Patrol and individual Troopers in maintaining a fair and impartial wrecker rotation list free from even the 
appearance of favoritism or other impropriety. Troopers call wreckers to accident scenes when motorists request such 
service. Petitioner was aware of this special relationship. Respondent does not pay wrecker drivers any consideration for 
responding to accidents. They are only put on a rotation system to respond to the accident and are paid directly by the 
owners of the automobiles. 

13. Petitioner was aware that as a State Trooper, he had an obligation to conduct himself, at all times, and particularly 
while on duty and in uniform, in such a manner as to reflect favorably up)on himself and his employer, the State Highway 
Patrol. 

14. Petitioner used his position as a State Trooper to obtain financial benefit for himself and, in doing so, discredited 
himself and the image of the State Highway Patrol among some wrecker drivers and their wives. 

15. Prior to the investigation of the allegations leading to his dismissal. Petitioner had received lesser forms of discipline 
as follows: 

Date Type Discipline Reason 

August 1993 Final Written Warning Unsatisfactory Job 

Performance 



10:11 NORTH CAROLINA REGISTER September 1, 1995 967 



CONTESTED CASE DECISIONS 



November 1992 Written Warning Unsatisfactory Job 

Performance 

September 1992 Oral Warning Unsatisfactory Job 

Performance 

August 1991 3rd Level Reprimand Payment of Debts 

July 1991 2nd Level Reprimand Payment of Taxes 

16. No credible evidence was presented to establish that Petitioner's dismissal was the proximate result of "a 
disagreement with Colonel Barefoot or his friends" or that it was retaliation for his having filed a petition in Bankruptcy 
Court as alleged by Petitioner. In fact, the State Highway Patrol had previously issued Petitioner a written memorandum 
stating that Highway Patrol Policy does not prohibit the filing of a Bankruptcy Petition. 

17. Petitioner testified that he borrowed money fix)m these wrecker drivers because of his dire financial straits following 
personal bankruptcy. He denied any misuse of his position as a Trooper and stated that no favoritism was promised or 
received in exchange for the loans. He contends that the checks were given in lieu of promissory notes for loans he needed 
and intended to pay. 

18. Highway Patrol persoimel who knew Petitioner either through working with or supervising him testified that 
generally Petitioner was a good trooper who was very conscientious in the investigation of accidents. In fact, Petitioner's 
supervisor in April of 1992, Sergeant D.W. Thomas, gave Petitioner a favorable evaluation. 

19. It was not until after June of 1992, when First Sergeant, now Lieutenant Taylor, became Petitioner's supervisor, 
that he received any reprimands, including written or oral warnings concerning his job performance. In fact, the only 
previous reprimands he received were concerning payments of debts which were coimected with his financial instability 
during July and August of 1991. 

20. Some of Petitioner's co-workers and superiors testified that during the time First Sergeant, now Lieutenant Taylor, 
was Petitioner's superior. First Sergeant Taylor showed hostility and animosity toward the Petitioner as a result of Petitioner 
questioning First Sergeant Taylor's comments that the troopers in the Raleigh area should have two contacts per hour, which 
Petitioner felt was in violation of North Carolina law and Highway Patrol policy. 

Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: 

CONCLUSIONS 

1. Robert W. Beasley, Petitioner, was a career State employee at the time of his dismissal. Because he has alleged 
that Respondent lacked just cause for his dismissal, the Office of Administrative Hearings has jurisdiction to hear his appeal 
and issue a recommendation to the State Personnel Commission which shall make the final decision in the matter. G.S. 126- 
35, 126-37, 126-39, 150B-23, and 150B-36. 

2. G.S. 126-35 provides, in part, "that no career State employee subject to the State Persotmel Act shall be dismissed, 
except for just cause." Where just cause is an issue, Respondent bears the ultimate burden of persuasion. A just cause issue 
carries both substantive and procedural questions. Causes for dismissal fall into two categories: (1) causes relating to 
performance of duties, and (2) causes relating to personal conduct detrimental to state service. No prior warnings are 
required under (2). 

3. Respondent has met its burden of showing just cause for terminating Petitioner's employment. Petitioner acted 
inappropriately by soliciting and accepting money and services from wrecker drivers called to accident scenes by the Highway 
Patrol. A professional law enforcement officer is under a duty to know better. An investigating officer must avoid even 
the appearance of impropriety. Requesting loans from wrecker drivers is poor judgement at the least and gives the 
appearance of extortion at the extreme. If he needed the money, family, close friends, or fellow troopers would have been 
more appropriate sources. 

Based on the foregoing Findings of Fact and Conclusions, the Administrative Law Judge makes the following: 



968 NORTH CAROLINA REGISTER September 1, 1995 10:11 



CONTESTED CASE DECISIONS 



RECOMMENDED DECISION 

That the termmation of Petitioner's employment be left undisturbed as being for just cause. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an oppwrtunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the State Personnel Commission. 

This the 10th day of August, 1995. 



Fred G. Morrison Jr. 

Senior Administrative Law Judge 



10:11 NORTH CAROLINA REGISTER September 1, 1995 969 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



Ihe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in 
the North Carolina executive branch of government has been assigned a title number. Titles are further 
broken down into chapters which shall be numerical in order. The other two, subchapters and sections 
are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


landscape Architects 


26 


16 


Public Education 


I andscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


•21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & 1 and Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



970 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



CUMULATIVE INDEX 



Ag^Ky/Rule Citation 



Proposed ia 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Otlier InforBEiatioii 



ACUPUNCTURE LICENSING BOARD 



21 


NCAC 01 


.0101 




10:02 NCR 


150 


07/01/95 






.0201 




10:07 NCR 


585 


10/01/95 






.0401 - 


.0402 


10:02 NCR 


150 


07/01/95 






.0501 




10:07 NCR 


585 


10/01/95 






.0701 




10:07 NCR 


585 


10/01/95 


4GI 

2 


IICULTURE 

NCAC 34 


.0904 




10:04 NCR 


228 


08/01/95 






.0904 

17 




10:07 NCR 


430 


11/01/95 


AR( 

21 


^HITECTUF 

NCAC 02 


.0301 - 


.0302 


10:10 NCR 


829 


07/01/96 



08/01/95 
08/01/95 



N/A 



Renoticed in 10:7 



CERTIFIED PUBLIC ACCOUNTANT EXAMINERS 



21 NCAC 08F 


.0105 


10:04 NCR 


255 


08/01/95 




.0113 


10:04 NCR 


255 


08/01/95 


08G 


.0401 


10:04 NCR 


255 


08/01/95 


08J 


.0005 


10:04 NCR 


255 


08/01/95 




.0008 


10:04 NCR 


255 


08/01/95 


08M 


.0102 


10:04 NCR 


255 


08/01/95 




.0104 


10:04 NCR 


255 


08/01/95 




.0306 


10:04 NCR 


255 


08/01/95 




.0401 


10:04 NCR 


255 


08/01/95 


08N 


.0203 


10:04 NCR 


255 


08/01/95 




.0302 


10:04 NCR 


255 


08/01/95 




.0307 


10:04 NCR 


255 


08/01/95 


CHIROPRACTIC EXAMINERS 








21 NCAC 10 


.0203 


10:04 NCR 


261 


08/01/95 


COMMUNITY COLLEGES 








23 NCAC 02C 


.0108 


10:03 NCR 


208 


09/01/95 




.0210 


10:07 NCR 


587 


01/01/96 




.0211 


10:03 NCR 


208 


09/01/95 




.0301 


10:07 NCR 


587 


01/01/96 




.0306 


10:03 NCR 


208 


09/01/95 


02E 


.0403 


10:07 NCR 


587 


01/01/96 


COMMERCE 










4 NCAC 06C 


.0203 


10:05 NCR 


300 


09/01/95 


CORRECTION 










5 NCAC 05 


.0001 


10:01 NCR 


12 


07/01/95 



08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 

N/A 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 



08/01/95 



RRC Obj./Rule Withdrawn 



07/01/95 



CULTURAL RESOURCES 



7 NCAC 


02F 


.0002 




10:01 NCR 12 


07/01/95 


ELECTROI 


_YSIS 


EXAMINERS 






21 NCAC 


19 


.0104 




10:11 NCR 907 


12/01/95 






.0204 




10:11 NCR 907 


12/01/95 






.0616 




10:11 NCR 907 


12/01/95 


ENVIRONS 


^NI 


\ HEALTH, 


AND NATURAL RESOURCES 


15A NCAC 


02B 


.0101 
.0104 
.0202 
.0211 
.0301 




10:01 NCR 13 
10:01 NCR 13 
10:01 NCR 13 
10:01 NCR 13 
10:01 NCR 13 








.0303 




10:08 NCR 661 


11/01/95 






.0304 




10:04 NCR 246 


01/01/96 



08/01/95 



Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



971 



CUMULATIVE INDEX 







Proposed 

Effectire 

Date 


Fiscal Note 


Effeed¥€ 




Agaicy/Ruk Ciladoa 


Register 




State 


Local 


Date 









i 





.0304 




10:05 NCR 


301 


11/01/95 






11/01/95 




.0308 - 


.0310 


10:08 NCR 


661 


11/01/95 










.0308 




10:08 NCR 


661 


02/01/96 










.0313 




10:11 NCR 


901 


02/01/96 










.0315- 


.0316 


10:08 NCR 


661 


11/01/95 










.0315 




10:08 NCR 


661 


02/01/96 










.0316 




10:04 NCR 


246 


01/01/96 








02D 


.0520 




10:01 NCR 


13 


07/01/95 


X 


X 






.0531 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.0902 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.0909 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.0952 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.1402 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.1406 




10:01 NCR 


13 


07/01/95 


X 


X 






.1409 




10:01 NCR 


13 


07/01/95 


X 


X 






.1701 - 


.1702 


10:01 NCR 


13 


07/01/95 


X 


X 






.1801 - 


.1803 


10:01 NCR 


13 


07/01/95 


X 


X 




NPDES Permit 






10:02 NCR 


56 










04A 


.0001 
.0005 




10:07 NCR 
10:07 NCR 


579 
579 


10/01/95 
10/01/95 








04B 


.0016 
.0020 




10:07 NCR 
10:07 NCR 


579 
579 


10/01/95 
10/01/95 










.0028 




10:02 NCR 


149 


07/01/95 






08/01/95 




.0029- 


.0030 


10:07 NCR 


579 


10/01/95 








04C 


.0007- 
.0010 


.0008 


10:07 NCR 
10:07 NCR 


579 
579 


10/01/95 
10/01/95 








04D 


.0002- 


0003 


10:07 NCR 


579 


10/01/95 








07B 


.0101 




10:09 NCR 


751 


12/01/95 


X 


X 






.0201 - 


.0216 


10:09 NCR 


751 


12/01/95 


X 


X 






.0401 - 


.0406 


10:09 NCR 


751 


12/01/95 


X 


X 






.0501 - 


.0507 


10:09 NCR 


751 


12/01/95 


X 


X 




07H 


.0208 
.0308 




10:03 NCR 
10:09 NCR 


197 

751 


12/01/95 
12/01/95 










.0309- 


.0310 


10:09 NCR 


751 


02/01/96 










.1705 




10:09 NCR 


751 


12/01/95 










.2201 - 


.2202 


10:03 NCR 


204 


12/01/95 










.2203 




10:03 NCR 


204 


12/01/95 


X 








.2204 - 


.2205 


10:03 NCR 


204 


12/01/95 








07K 


.0103 




10:09 NCR 


751 


12/01/95 








lOB 


.0115 




10:06 NCR 


338 


10/01/95 










.0202- 


.0203 


10:01 NCR 


26 


07/01/95 






07/01/95 




.0202 




10:04 NCR 


249 


08/01/95 






09/01/95 




.0214 




10:01 NCR 


26 


07/01/95 






07/01/95 


IOC 


.0404 
.0407 




10:06 NCR 
10:06 NCR 


338 
338 


12/01/95 
12/01/95 








lOD 


.0002- 


.0003 


10:01 NCR 


26 


07/01/95 






07/01/95 




.0003 




10:04 NCR 


250 


08/01/95 






09/01/95 




.0003 




10:06 NCR 


338 


09.01/95 








lOF 


.0313 




10:06 NCR 


338 


10/01/95 






10/01/95 




.0317 




10:01 NCR 


26 


07/01/95 






07/01/95 




.0323 - 


.0324 


10:11 NCR 


904 


12/01/95 








Wildlife Proclamation/Striped 


Bass 


10:02 NCR 


57 


04/10/95 














10:03 NCR 


195 


04/15/95 








13B 


.0101 
.0103 
.0503 




10:06 NCR 
10:06 NCR 
10:06 NCR 


350 
350 
350 


10/01/95 
10/01/95 
10/01/95 










.0802- 


0829 


10:06 NCR 


350 


10/01/95 










.1627 




10:06 NCR 


350 


10/01/95 








16A 


.1001 




10:07 NCR 


582 


01/01/96 


X 








.1002- 


.1006 


10:07 NCR 


582 


01/01/96 








18A 


.2508 
.2511 




10:06 NCR 
10:06 NCR 


350 
350 


01/01/96 
01/01/96 










.2516- 


.2519 


10:06 NCR 


350 


01/01/96 









Agencj' Did Not Adopt 



972 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



CUMULATIVE INDEX 



Ag«acy/Rule Citation 


Proposed in 
Register 


ProiMsed 

EH'ective 

Date 


Fisrai Note 


EfTectiYe 
Date 


Other InTormalMMi 






State 


Local 









.2521 - 


.2524 


10:06 NCR 


350 


01/01/96 




.2526 




10:06 NCR 


350 


01/01/96 




.2528 - 


.2535 


10:06 NCR 


350 


01/01/96 




.2537 




10:06 NCR 


350 


01/01/96 




.2540- 


.2542 


10:06 NCR 


350 


01/01/96 




.2543 




10:06 NCR 


350 


01/01/96 


19A 


.0401 




10:06 NCR 


350 


10/01/95 




.0406 




10:06 NCR 


350 


10/01/95 




.0502 




10:06 NCR 


350 


10/01/95 


19C 


.0206 




10:05 NCR 


305 


10/01/95 


19H 


.0702 




10:07 NCR 


582 


10/01/95 


24A 


.0404 




10:06 NCR 


350 


10/01/95 


FINAL DECISION LETTERS 








Voting Rights Act 






10:01 NCR 
10:03 NCR 
10:05 NCR 
10:10 NCR 
10:11 NCR 


02 
194 
298 
825 
889 




GENERAL CONTRACTORS LICENSING BOARD 




21 NCAC 12 


.0302 




10:11 NCR 


906 


12/01/95 




.0410 




10:11 NCR 


906 


12/01/95 


GOVERNOR'S EXECUTIVE ORDERS 






Number 72 






10:01 NCR 


01 




Number 73 






10:02 NCR 


54 




Number 74 






10:02 NCR 


54 




Number 75 






10:03 NCR 


191 




Number 76 






10:03 NCR 


191 




Number 77 






10:05 NCR 


297 




Number 78 






10:06 NCR 


336 




Number 79 






10:07 NCR 


427 




Number 80 






10:07 NCR 


427 




Number 81 






10:08 NCR 


639 




Number 82 






10:10 NCR 


823 




Number 83 






10:10 NCR 


823 




HUMAN RESOURCES 










10 NCAC 03D 


.1401 




10:08 NCR 


641 


11/01/95 


03H 


.0108 - 


.0109 


10:02 NCR 


58 


09/01/95 




.0206 - 


.0220 


10:02 NCR 


58 


09/01/95 




.0306 - 


.0318 


10:02 NCR 


58 


09/01/95 




.0407- 


.0409 


10:02 NCR 


58 


09/01/95 




.0505 - 


.0507 


10:02 NCR 


58 


09/01/95 




.0510 - 


.0517 


10:02 NCR 


58 


09/01/95 




.0605 - 


.0609 


10:02 NCR 


58 


09/01/95 




.0705 - 


.0712 


10:02 NCR 


58 


09/01/95 




.0810 - 


.0812 


10:02 NCR 


58 


09/01/95 




.0903 - 


.0911 


10:02 NCR 


58 


09/01/95 




.1003 - 


.1008 


10:02 NCR 


58 


09/01/95 




.1105- 


.1109 


10:02 NCR 


58 


09/01/95 




.1130- 


.1136 


10:02 NCR 


58 


09/01/95 




.1150- 


.1163 


10:02 NCR 


58 


09/01/95 




.1204 - 


.1208 


10:02 NCR 


58 


09/01/95 




.1210 




10:02 NCR 


58 


09/01/95 




.1306- 


.1308 


10:02 NCR 


58 


09/01/95 




.1405- 


.1406 


10:02 NCR 


58 


09/01/95 




.1408- 


.1410 


10:02 NCR 


58 


09/01/95 




.1501 - 


.1503 


10:02 NCR 


58 


09/01/95 




.1612- 


.1613 


10:02 NCR 


58 


09/01/95 




.1703 - 


.1704 


10:02 NCR 


58 


09/01/95 



Agency Did Not Adopt 



03/06/95 
03/15/95 
03/27/95 
03/30/95 
04/03/95 
05/02/95 
05/23/95 
06/07/95 
06/13/95 
06/27/95 
07/27/95 
08/03/95 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



973 



CUMULATIVE INDEX 



A^eocy/Rule Citation 


Proposed m 


Proposed 

EffectiTe 

Date 


FisralNote 


Effective 




State 


Local 


Date 













03L 



03M 



14B 



14K 



14L 



MM 



14N 



.1804- 


.1807 


10:02 NCR 


58 


09/01/95 


.2001 




10:02 NCR 


58 


09/01/95 


.2101 - 


.2110 


10:02 NCR 


58 


09/01/95 


.2201 - 


.2212 


10:02 NCR 


58 


09/01/95 


.2301 - 


.2308 


10:02 NCR 


58 


09/01/95 


.2401 - 


.2402 


10:02 NCR 


58 


09/01/95 


.2501 - 


.2506 


10:02 NCR 


58 


09/01/95 


.2601 - 


.2607 


10:02 NCR 


58 


09/01/95 


.2701 




10:02 NCR 


58 


09/01/95 


.2801 - 


.2802 


10:02 NCR 


58 


09/01/95 


.2901 - 


.2902 


10:02 NCR 


58 


09/01/95 


.3001 - 


.3005 


10:02 NCR 


58 


09/01/95 


.3011 - 


.3016 


10:02 NCR 


58 


09/01/95 


.3021 - 


.3032 


10:02 NCR 


58 


09/01/95 


.3101 - 


.3104 


10:02 NCR 


58 


09/01/95 


.3201 - 


.3202 


10:02 NCR 


58 


09/01/95 


.3301 - 


.3302 


10:02 NCR 


58 


09/01/95 


.3401 - 


.3404 


10:02 NCR 


58 


09/01/95 


.0901 - 


.0907 


10:08 NCR 


641 


02/01/96 


.1001 - 


.1007 


10:08 NCR 


641 


02/01/96 


.1101 - 


.1112 


10:08 NCR 


641 


02/01/96 


.1201 - 


.1202 


10:08 NCR 


641 


02/01/96 


.1301 - 


.1303 


10:08 NCR 


641 


02/01/96 


.1401 - 


.1402 


10:08 NCR 


641 


02/01/96 


.0202- 


.0205 


10:08 NCR 


641 


02/01/96 


.0207 




10:08 NCR 


641 


02/01/96 


.0501 - 


.0503 


10:07 NCR 


430 


05/01/96 


.0505 - 


.0509 


10:07 NCR 


430 


05/01/96 


.0101 - 


.0103 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0219 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0310 


10:07 NCR 


430 


05/01/96 


.0312- 


.0315 


10:07 NCR 


430 


05/01/96 


.0317- 


.0324 


10:07 NCR 


430 


05/01/96 


.0326 - 


.0329 


10:07 NCR 


430 


05/01/96 


.0333 - 


.0348 


10:07 NCR 


430 


05/01/96 


.0350 - 


.0365 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0408 


10:07 NCR 


430 


05/01/96 


.0101 - 


.0106 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0203 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0308 


10:07 NCR 


430 


05/01/96 


.0310 




10:07 NCR 


430 


05/01/96 


.0401 - 


.0407 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0606 


10:07 NCR 


430 


05/01/96 


.0609 




10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0709 


10:07 NCR 


430 


05/01/96 


.0711 - 


.0712 


10:07 NCR 


430 


05/01/96 


.0101 - 


.0113 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0511 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0602 


10:07 NCR 


430 


05/01/96 


.0604 




10:07 NCR 


430 


05/01/96 


.0606 




10:07 NCR 


430 


05/01/96 


.0608- 


.0612 


10:07 NCR 


430 


05/01/96 


.0614- 


.0615 


10:07 NCR 


430 


05/01/96 


.0617- 


.0621 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0716 


10:07 NCR 


430 


05/01/96 


.0101 - 


.0107 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0207 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0307 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0406 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0507 


10:07 NCR 


430 


05/01/96 


.0701 




10:07 NCR 


430 


05/01/96 


.0703 - 


.0705 


10:07 NCR 


430 


05/01/96 



974 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



CUMULATIVE INDEX 



I 















Ag^KT^r/Rule Citation 


Proposed ia 
Renter 


Proposed 


I1scalNe<« 


Effective 




EffectiTe 
Date 


State 


Local 


Date 


Otfaer Inforraatiea 







140 



14V 



18A 



.0801 - 


.0811 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0905 


10:08 NCR 


656 


05/01/96 


.0301 - 


.0314 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0409 


10:07 NCR 


430 


05/01/96 


.0411 - 


.0416 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0505 


10.07 NCR 


430 


05/01/96 


.0601 - 


.0609 


10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0617- 


.0618 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0710 


10:07 NCR 


430 


05/01/96 


.0101 - 


.0104 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0208 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0304 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0405 


10:07 NCR 


430 


05/01/96 


.0501- 


.0505 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0604 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0712 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0805 


10:07 NCR 


430 


05/01/96 


.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 


.1201 - 


.1203 


10:07 NCR 


430 


05/01/96 


.1301 - 


.1303 


10:07 NCR 


430 


05/01/96 


.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 


.1501 - 


.1504 


10:07 NCR 


430 


05/01/96 


.2101 - 


.2104 


10:07 NCR 


430 


05/01/96 


.2201 - 


.2204 


10:07 NCR 


430 


05/01/96 


.2301 - 


.2306 


10:07 NCR 


430 


05/01/96 


.2401 - 


.2404 


10:07 NCR 


430 


05/01/96 


.2501 - 


.2505 


10:07 NCR 


430 


05/01/96 


.3101 - 


,3103 


10:07 NCR 


430 


05/01/96 


.3201 - 


.3203 


10:07 NCR 


430 


05/01/96 


.3301 - 


.3303 


10:07 NCR 


430 


05/01/96 


.3401 - 


.3403 


10:07 NCR 


430 


05/01/96 


.3501 - 


.3503 


10:07 NCR 


430 


05/01/96 


.3601 - 


.3604 


10:07 NCR 


430 


05/01/96 


.3701 - 


.3703 


10:07 NCR 


430 


05/01/96 


.3801 - 


.3803 


10:07 NCR 


430 


05/01/96 


.3901 - 


.3903 


10:07 NCR 


430 


05/01/96 


.4001 - 


.4003 


10:07 NCR 


430 


05/01/96 


.4101 - 


.4104 


10:07 NCR 


430 


05/01/96 


.5001 - 


.5002 


10:07 NCR 


430 


05/01/96 


.5101 - 


.5104 


10:07 NCR 


430 


05/01/96 


.5201 - 


.5204 


10:07 NCR 


430 


05/01/96 


.5301 - 


.5303 


10:07 NCR 


430 


05/01/96 


.5401 - 


.5403 


10:07 NCR 


430 


05/01/96 


.5501 - 


.5503 


10:07 NCR 


430 


05/01/96 


.5601 - 


.5603 


10:07 NCR 


430 


05/01/96 


.5701 - 


.5703 


10:07 NCR 


430 


05/01/96 


.5801 - 


.5804 


10:07 NCR 


430 


05/01/96 


.5901 - 


.5903 


10:07 NCR 


430 


05/01/96 


.6001 - 


.6003 


10:07 NCR 


430 


05/01/96 


.6101 - 


.6103 


10:07 NCR 


430 


05/01/96 


.6201 - 


.6202 


10:07 NCR 


430 


05/01/96 


.6301 - 


.6303 


10:07 NCR 


430 


05/01/96 


.6401 - 


.6403 


10:07 NCR 


430 


05/01/96 


.6501 - 


.6503 


10:07 NCR 


430 


05/01/96 


.6601 - 


.6603 


10:07 NCR 


430 


05/01/96 


.6701 - 


.6702 


10:07 NCR 


430 


05/01/96 


.6801 - 


.6802 


10:07 NCR 


430 


05/01/96 


.6901 - 


.6903 


10:07 NCR 


430 


05/01/96 


.0124 - 


.0128 


10:07 NCR 


430 


05/01/96 


.0130 




10:07 NCR 


430 


05/01/96 


.0132 - 


.0133 


10:07 NCR 


430 


05/01/96 


.0135 - 


.0136 


10:07 NCR 


430 


05/01/96 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



975 



CUMULATTVE INDEX 



Agency/Rule Citation 



Proposed ki 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



EffectiTe 
Date 



Other Information 



181 .0114- 


.0120 


10:07 NCR 


430 


05/01/96 


18J .0110- 


.0119 


10:07 NCR 


430 


05/01/96 


.0212- 


.0213 


10:07 NCR 


430 


05/01/96 


.0304- 


.0311 


10:07 NCR 


430 


05/01/96 


.0507- 


.0511 


10:08 NCR 


656 


05/01/96 


.0601 - 


.0604 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0715 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0805 


10:07 NCR 


430 


05/01/96 


.0803 




10:02 NCR 


118 


07/01/95 


18K .0109 - 


.0116 


10:07 NCR 


430 


05/01/96 


.0262- 


.0263 


10:08 NCR 


656 


05/01/96 


18L .0107 - 


.0108 


10:07 NCR 


430 


05/01/96 


.0223 - 


.0224 


10:07 NCR 


430 


05/01/96 


.0331 - 


.0336 


10:07 NCR 


430 


05/01/96 


.0338 - 


.0339 


10:07 NCR 


430 


05/01/96 


.0428 - 


.0434 


10:07 NCR 


430 


05/01/96 


.0504 




10:07 NCR 


430 


05/01/96 


.0511 




10:07 NCR 


430 


05/01/96 


.0513 




10:07 NCR 


430 


05/01/96 


.0601 - 


.0607 


10:08 NCR 


656 


05/01/96 


.0701 - 


.0705 


10:07 NCR 


430 


05/01/96 


.0707 




10:07 NCR 


430 


05/01/96 


.0801 




10:07 NCR 


430 


05/01/96 


.0803 - 


.0809 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0904 


10:07 NCR 


430 


05/01/96 


.1001 - 


.1006 


10:07 NCR 


430 


05/01/96 


.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 


.1105- 


.1107 


10:07 NCR 


430 


05/01/96 


.1201 




10:07 NCR 


430 


05/01/96 


.1203 - 


.1206 


10:07 NCR 


430 


05/01/96 


.1301 - 


.1309 


10:07 NCR 


430 


05/01/96 


.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 


.1501 - 


.1525 


10:07 NCR 


430 


05/01/96 


18M .0107 - 


.0110 


10:07 NCR 


430 


05/01/96 


.0206- 


.0213 


10:07 NCR 


430 


05/01/96 


.0304 - 


.0307 


10:07 NCR 


430 


05/01/96 


.0406- 


.0409 


10:07 NCR 


430 


05/01/96 


.0505- 


.0506 


10:07 NCR 


430 


05/01/96 


.0607- 


.0608 


10:07 NCR 


430 


05/01/96 


.0701 




10:07 NCR 


430 


05/01/96 


.0703 - 


.0706 


10:07 NCR 


430 


05/01/96 


.0708 - 


.0714 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0803 


10:07 NCR 


430 


05/01/96 


.0817 - 


.0819 


10:07 NCR 


430 


05/01/96 


.0824 - 


.0838 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0908 


10:07 NCR 


430 


05/01/96 


.1001 - 


.1009 


10:07 NCR 


430 


05/01/96 


.1101 - 


.1106 


10:07 NCR 


430 


05/01/96 


.1203 - 


.1204 


10:07 NCR 


430 


05/01/96 


.1302- 


.1305 


10:07 NCR 


430 


05/01/96 


.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 


.1405- 


.1410 


10:07 NCR 


430 


05/01/96 


18N .0105 - 


.0110 


10:07 NCR 


430 


05/01/96 


.0204- 


.0212 


10:07 NCR 


430 


05/01/96 


.0305 - 


.0306 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0605 


10:08 NCR 


656 


05/01/96 


.0701 - 


.0709 


10:08 NCR 


656 


05/01/96 


180 .0517- 


.0524 


10:08 NCR 


656 


05/01/96 


18P .0901 - 


.0903 


10:07 NCR 


430 


05/01/96 


.1001 - 


.1004 


10:07 NCR 


430 


05/01/96 


18Q .0284 




10:07 NCR 


430 


05/01/96 


.0286 - 


.0287 


10:07 NCR 


430 


05/01/96 


.0520 - 


.0521 


10:07 NCR 


430 


05/01/96 



07/01/95 



976 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



CUMULATIVE INDEX 



\ 



Agency /Rule Chatioii 


Proposed is 


Proposed 
Effective 


FiscatNate 


Effective 


Other Inforraatiea 


Register 


Date 


State 




Date 


Local 







.0538 - 


.0552 


10:07 NCR 


430 


05/01/96 




26B 


.0110 




10:08 NCR 


660 


10/01/95 






.0124 




10:02 NCR 


118 


07/01/95 X 


07/01/95 


26H 


.0302 




10:04 NCR 


228 


08/01/95 X 


08/01/95 




.0304- 


.0305 


10:04 NCR 


228 


08/01/95 X 


08/01/95 




.0308 - 


.0309 


10:04 NCR 


228 


08/01/95 X 


08/01/95 


26H 


.0213 




10:02 NCR 


118 


07/01/95 


07/01/95 


261 


.0101 - 


.0107 


10:10 NCR 


826 


11/01/95 




39D 


.0302- 


.0303 


10:09 NCR 


722 


11/01/95 




41F 


.0706 




10:03 NCR 


196 


08/01/95 


08/01/95 




.0812 




10:03 NCR 


196 


08/01/95 


08/01/95 


42H 


.0911 




10:09 NCR 


722 


12/01/95 




42W 


.0001 - 


.0002 


10:10 NCR 


828 


11/01/95 




INSURANCE 














11 NCAC 06A 


.0812 




10:04 NCR 


246 


08/01/95 


08/01/95 


16 


.0704 




10:11 NCR 


900 


12/01/95 




JUSTICE 

12 NCAC 04E 


,0104 




10:07 NCR 


573 


10/01/95 




07D 


.0201 




10:07 NCR 


575 


10/01/95 






.0204 




10:11 NCR 


900 


12/01/95 






.0301 




10:07 NCR 


575 


10/01/95 






.0401 




10:07 NCR 


575 


10/01/95 






.0701 




10:07 NCR 


575 


10/01/95 






.0706 




10:07 NCR 


575 


10/01/95 






.0801 




10:07 NCR 


575 


10/01/95 






.0806 




10:07 NCR 


575 


10/01/95 






.0902 




10:07 NCR 


575 


10/01/95 






.0904 




10:07 NCR 


575 


10/01/95 




09A 


.0204 




10:02 NCR 


122 


08/01/95 


08/01/95 


09B 


.0113 




10:02 NCR 


122 


08/01/95 


08/01/95 




.0201 - 


.0202 


10:02 NCR 


122 


08/01/95 


01/01/96 




.0205 




10:02 NCR 


122 


08/01/95 






.0206 




10:02 NCR 


122 


08/01/95 


08/01/95 




.0210 




10:02 NCR 


122 


08/01/95 


08/01/95 




.0212- 


.0214 


10:02 NCR 


122 


08/01/95 


08/01/95 




.0226- 


.0228 


10:02 NCR 


122 


08/01/95 


08/01/95 




.0232- 


.0233 


10:02 NCR 


122 


08/01/95 


08/01/95 


09C 


.0401 




10:02 NCR 


122 


08/01/95 


08/01/95 




.0601 




10:02 NCR 


122 


08/01/95 


08/01/95 


09D 


.0102 




10:02 NCR 


122 


08/01/95 


08/01/95 




.0104 - 


.0106 


10:02 NCR 


122 


08/01/95 


08/01/95 


lOB 


.0102- 


.0103 


10:09 NCR 


723 


01/01/96 






.0105 




10:09 NCR 


723 


01/01/96 






.0204 




10:09 NCR 


723 


01/01/96 






.0301 




10:09 NCR 


723 


01/01/96 






.0304 




10:09 NCR 


723 


01/01/96 






.0307 




10:09 NCR 


723 


01/01/96 






.0401 - 


.0403 


10:09 NCR 


723 


01/01/96 






.0405 




10:09 NCR 


723 


01/01/96 






.0407- 


.0409 


10:09 NCR 


723 


01/01/96 






.0502- 


.0503 


10:09 NCR 


723 


01/01/96 






.0505 




10:09 NCR 


723 


01/01/96 






.0601 - 


.0607 


10:09 NCR 


723 


01/01/96 






.0702 - 


.0706 


10:09 NCR 


723 


01/01/96 






.0801 - 


.0803 


10:09 NCR 


723 


01/01/96 






.0901 




10:09 NCR 


723 


01/01/96 






.0903 - 


.0906 


10:09 NCR 


723 


01/01/96 






.0908 - 


.0912 


10:09 NCR 


723 


01/01/96 






.1004- 


.1005 


10:09 NCR 


723 


01/01/96 






.1201 - 


.1205 


10:09 NCR 


723 


01/01/96 




11 


.0210 




10:05 NCR 


301 


09/01/95 





10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



977 



CUMULATIVE INDEX 





Proposed ai 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 






Register 


State 


Local 


Date 





LABOR 

13 NCAC 



12 



.0101 

.0303 - .0315 
.0501 - .0502 
.0803 - .0808 



10:01 
10:01 
10:02 
10:02 
10:02 
10:02 
10:03 
10:03 
10:02 
10:02 
10:02 
10:02 



10 

12 



NCR 

NCR 

NCR 149 

NCR 149 

NCR 149 

NCR 149 

NCR 196 

NCR 197 

NCR 142 

NCR 142 

NCR 142 

NCR 142 



01/01/96 
01/01/96 
10/01/95 
01/01/96 
01/01/96 
02/01/96 
01/01/96 
01/01/96 
08/01/95 
08/01/95 
08/01/95 
08/01/95 



i 



Notice on 
Notice on 
Notice on 
Notice on 
Notice on 
Notice on 
Notice on 
Notice on 



Subject 
Subject 
Subject 
Subject 
Subject 
Subject 
Subject 
Subject 



Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 



LIST OF RULES CODIFIED 



10:02 NCR 167 

10:04 NCR 272 

10:06 NCR 392 

10:09 NCR 783 

10:10 NCR 845 



Rules Filed 03/95 
Rules Filed 04/95 
Rules Filed 05/95 
Rules Filed 06/95 
Rules Filed 07/95 



MEDICAL EXAM1?«JERS 

21 NCAC 32B .0901 - .0902 10:10 NCR 831 11/01/95 

32F .0003 10:10 NCR 831 11/01/95 

32H .0102 10:02 NCR 151 07/01/96 

.0201 10:02 NCR 151 07/01/96 

.0203 10:02 NCR 151 07/01/96 

.0408 10:02 NCR 151 07/01/96 

.0506 10:02 NCR 151 07/01/96 

.0601 10:02 NCR 151 07/01/95 

.0602 10:02 NCR 151 07/01/96 

.0801 10:02 NCR 151 07/01/96 

.1001 10:02 NCR 151 07/01/96 

321 .0003 - .0004 10:02 NCR 151 07/01/95 

32M .0001 - .0002 10:10 NCR 831 11/01/95 



07/01/96 
07/01/96 

07/01/96 

09/01/95 
07/01/96 
07/01/96 
07/01/96 
09/01/95 



NURSING, BOARD OF 



21 NCAC 



36 



.0109 
.0202 
.0209 
.0211 
.0216 
.0221 
.0225 
.0227 
.0318 
.0320 
.0322 
.0401 ■ 



.0203 



.0219 



.0405 



NCR 908 
NCR 908 
NCR 908 
NCR 908 
NCR 908 
NCR 908 
NCR 908 
NCR 908 
NCR 908 
NCR 908 
NCR 908 
NCR 839 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
12/01/95 



NURSING HOME ADMINISTRATORS 

21 NCAC 37 



.0101 
.0302 
.0404 
.0502 
.0603 
.0904 
.0912 
.0914 



10:04 NCR 262 
10:03 NCR 206 
10:03 NCR 206 
10:03 NCR 206 
10:03 NCR 206 
10:04 NCR 262 
10:03 NCR 206 
10:03 NCR 206 



08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 



08/01/95 



08/01/95 
08/01/95 

08/01/95 



PHYSICAL THERAPY EXAMINERS 



21 NCAC 



48C 
48D 



.0103 
.0006 



10:08 NCR 671 
10:08 NCR 671 



10/01/95 
10/01/95 



978 



NORTH CAROLINA REGISTER 



September 1, 1995 



10:11 



CUMULATIVE INDEX 



I 



Agency /Rule Citadon 



Proposed in 
Register 



Proposed 

Effectire 

Date 



nscalNete 



State Local 



Effective 
Date 



Otfaer InformatiMi 





.0008 




10:08 NCR 671 


10/01/95 




.0011 




10:08 NCR 671 


10/01/95 


48E 


.0110 




10:08 NCR 671 


10/01/95 


48F 


.0002 




10:08 NCR 671 


10/01/95 


48G 


.0501 - 


.0516 


10:08 NCR 671 


10/01/95 




.0601 




10:08 NCR 671 


10/01/95 


48H 


.0104 




10:08 NCR 671 


10/01/95 




.0701 - 


.0704 


10:08 NCR 671 


10/01/95 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 

PROFESSIONAL COUNSELORS 



21 NCAC 53 .0204- 


.0211 


10:01 NCR 


40 


07/01/95 


.0301 




10:01 NCR 


40 


07/01/95 


.0305 - 


.0309 


10:01 NCR 


40 


07/01/95 


.0310 




10:01 NCR 


40 


07/01/95 


.0403 - 


.0405 


10:01 NCR 


40 


07/01/95 


.0601 - 


.0604 


10:01 NCR 


40 


07/01/95 


PROFESSIONAL ENGINEERS AND LAND SURVEYORS 


21 NCAC 56 .0802 




10:11 NCR 


934 


12/01/95 


.0804 




10:11 NCR 


934 


12/01/95 


.0902 




10:11 NCR 


934 


12/01/95 


.1103 




10:11 NCR 


934 


12/01/95 


.1301 




10:11 NCR 


934 


12/01/95 


.1602 




10:11 NCR 


934 


12/01/95 


.1604 




10:11 NCR 


934 


12/01/95 


.1608 




10:11 NCR 


934 


12/01/95 


.1707 




10:11 NCR 


934 


12/01/95 


.1712- 


.1713 


10:11 NCR 


934 


12/01/95 


PSYCHOLOGY BOARD 










21 NCAC 54 .1701 




10:11 NCR 


929 


12/01/95 


.1707 




10:11 NCR 


929 


12/01/95 


.2704 - 


.2706 


10:11 NCR 


929 


12/01/95 


PUBLIC EDUCATION 










16 NCAC 06D .0106 




10:07 NCR 


584 


11/01/95 


REAL ESTATE COMMISSION 








21 NCAC 58A .0110 




10:02 NCR 


157 


07/01/95 


.0403 




10:04 NCR 


263 


08/01/95 


.0503 




10:04 NCR 


263 


08/01/95 


.0504 - 


.0506 


10:02 NCR 


157 


07/01/95 


.0505 




10:04 NCR 


263 


08/01/95 


.1703 




10:02 NCR 


157 


07/01/95 


.1707- 


.1708 


10:02 NCR 


157 


07/01/95 


.1710- 


.1711 


10:02 NCR 


157 


07/01/95 


58E .0103 




10:02 NCR 


157 


07/01/95 


.0203 - 


.0204 


10:02 NCR 


157 


07/01/95 


.0303 - 


.0305 


10:02 NCR 


157 


07/01/95 


.0406- 


.0407 


10:02 NCR 


157 


07/01/95 


.0506 




10:02 NCR 


157 


07/01/95 


.0515 




10:02 NCR 


157 


07/01/95 


REFRIGERATION EXAMINERS 








21 NCAC 60 .0102 




10:04 NCR 


264 


08/01/95 


.0105 




10:09 NCR 


781 


11/01/95 


.0204 




10:04 NCR 


264 


08/01/95 


.0314 




10:04 NCR 


264 


08/01/95 



09/01/95 



07/01/95 
07/01/95 
07/01/95 

07/01/95 
07/01/95 



Agency Did Not Adopt 



07/01/95 
08/01/95 
08/01/95 
07/01/95 
08/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 



08/01/95 

08/01/95 
08/01/95 



10:11 



NORTH CAROLINA REGISTER 



September 1, 1995 



979 



CUMULATIVE INDEX 







Proposed ia 


Proposed 


RscalNote 


EfTectiTe 
Date 


Other Informatioa 


Agency/Ruk CiUtiofl 


Register 


EfTectiTe 
Date 


State 


Local 





.1102 




10:04 NCR 


264 


08/01/95 




.1103 




10:09 NCR 


781 


11/01/95 


REVENUE 












Tax Review Board 






10:01 NCR 


03 




Tax Review Board 






10:07 NCR 


428 




Tax Review Board 






10:09 NCR 


716 




Tax Review Board 






10:11 NCR 


890 




SECRETARY OF STATE 








18 NCAC 06 


.1205- 


.1206 


10:05 NCR 


306 


09/01/95 




.1208 




10:05 NCR 


306 


09/01/95 




.1302- 


.1305 


10:05 NCR 


306 


09/01/95 




.1313 




10:05 NCR 


306 


09/01/95 




.1402 




10:11 NCR 


906 


12/01/95 


STATE PERSONNEL 










25 NCAC OIC 


.0207 




10:04 NCR 


264 


08/01/95 




.0402- 


.0408 


10:04 NCR 


264 


08/01/95 


OlD 


.0201 




10:04 NCR 


264 


08/01/95 




.0205 




10:04 NCR 


264 


08/01/95 




.0207 




10:04 NCR 


264 


08/01/95 




.0211 




10:04 NCR 


264 


08/01/95 




.0509 




10:07 NCR 


588 


10/01/95 




.0808 




10:04 NCR 


264 


08/01/95 




.1001 




10:04 NCR 


264 


08/01/95 




.1009 




10:04 NCR 


264 


08/01/95 




.1201 




10:04 NCR 


264 


08/01/95 




.1204 




10:04 NCR 


264 


08/01/95 




.1401 




10:04 NCR 


264 


08/01/95 




.1801 - 


.1802 


10:04 NCR 


264 


08/01/95 




.2001 




10:04 NCR 


264 


08/01/95 


OlE 


.0804 




10:04 NCR 


264 


08/01/95 




.1402- 


.1409 


10:07 NCR 


588 


10/01/95 




.1410- 


.1411 


10:07 NCR 


588 


10/01/95 


OIJ 


.0604- 


.0606 


10:07 NCR 


588 


10/01/95 




.0608 




10:07 NCR 


588 


10/01/95 




.0610- 


.0612 


10:07 NCR 


588 


10/01/95 




.0613 - 


.0615 


10:07 NCR 


588 


10/01/95 


OIK 


.0312 




10:04 NCR 


264 


08/01/95 


TRANSPORTATION 










19A NCAC 02D 


.0801 




10:04 NCR 


254 


09/01/95 


04A 


.0004 




10:10 NCR 


829 


12/01/95 



08/01/95 



08/08/95 



i 



980 



NORTH CAROLINA REGISTER 



September I, 1995 



10:11 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 





ONETIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


201 GO 00 


$63.00 


$90.00 


201 10 05 


$21.00 


$30.00 


201 10 33 


$17.50 


$25.00 


202 00 00 


$98.00 


$140.00 


202 15 09 


$28.00 


$40.00 


202 1 5 34 


$21.00 


$30.00 


202 15 43 


$21.00 


$30.00 


202 15 48 


$21.00 


$30.00 


202 15 52 


$21.00 


$30.00 


203 00 00 


$7.00 


$10.00 


204 00 00 


$87.60 


$126.00 


204 1 5 02 


$12.00 


$40.00 


204 1 5 03 


$24.50 


$35.00 


204 1 5 06 


$14,00 


$20.00 


204 1 5 09 


$14.00 


$20.00 


204 15 10 


$14.00 


$20.00 


204 15 16 


$24.50 


$35,00 


206 00 00 


$56.00 


$80.00 


205 1 5 02 


$24.50 


$35.00 


206 00 00 


$21.00 


$30.00 


207 00 00 


$21.00 


$30.00 


208 00 00 


$7.00 


$10.00 


209 00 00 


$31.60 


$46.00 


210 00 00 


$346.60 


$496.00 


210 20 10 


$45.50 


$65.00 


210 20 20 


$31.50 


$45.00 


210 20 30 


$77.00 


$110.00 


210 20 40 


$119.00 


$170.00 


210 20 41 


$31.50 


$45.00 


210 20 42 


$31.50 


$46.00 


210 20 43 


$28.00 


$40.00 


210 20 44 


$17.50 


$25.00 


210 20 45 


$35.00 


$60.00 


211 00 00 


$63.00 


$90.00 


211 1001 


$56.00 


$80.00 


211 10 04 


$24.50 


$35.00 


211 10 05 


$17.50 


$25,00 


211 1006 


$28.00 


$40.00 


211 10 08 


$21.00 


$30.00 


212 00 00 


$63.00 


$90.00 


212 1007 


$21.00 


$30.00 


212 10 09 


$31.50 


$45,00 


212 10 11 


$17.50 


$25.00 


213 00 00 


$77.00 


$110.00 


213 15 06 


$14.00 


$20.00 


213 20 00 


$31.50 


$45.00 


213 15 12 


$14.00 


$20.00 


213 15 13 


$14.00 


$20.00 


213 15 14 


$14.00 


$20.00 


213 15 15 


$14.00 


$20 00 


214 00 00 


$31.60 


$45.00 


214 00 08 


$17.50 


$25.00 


214 00 11 


$14.00 


$20.00 


216 00 00 


$276.60 


$396.00 


215 15 00 


$115.50 


$165.00 


215 15 10 


$49.00 


$7000 


215 15 20 


$49.00 


S70.00 


215 15 30 


$56.00 


$80 00 


215 15 31 


$35.00 


$50.00 


215 15 32 


$17.50 


$25.00 



Trde 1 - Dept. of Administration 

Division of Purchase & Contract 
Federal Block Grant Funds 



Full Title 



Title 2 - Dept. of Agriculture - Full Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agncultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Fidl Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industnal Commission/Workers Compensation 

Savings Institutions Division 

Trde 6 - Dept. of Corrections - Full Title 

Division of Prisons 

Title 6 - CourKi of SUte - Full Title 

Title 7 - Dept. of Cultural Resources - Full Tide 

Tide 8 - State Board of Elections - Full Title 

Tide 9 - Offices of the Goverrtor & Lt. GoverrK>r - Full Title 

Tide 10 - Dept. of Human Resources - Full Tide 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Tide 1 1 - Dept. of Insi^-arKse - Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Title 12 • Dept. of Justice - Full Tide 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 13 - Dept. of Labor - Full Tide 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Tide 14A - Dept. of Crime Control & Public Safety - Full Tide 

Alcohol Law Enforcement 
Victims Compensation Fund 

Tide 15A - Dept. of Environ., Health, & Nat. Resources - Full Tide 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 16 40 


«31.50 


♦45.00 


215 25 00 


♦ 105.00 


♦ 160.00 


215 25 10 


♦ 42.00 


♦ 60.00 


215 25 20 


♦ 35.00 


♦ 50.00 


215 25 30 


♦ 59.50 


♦ 85.00 


215 25 31 


♦ 17.50 


♦ 25.00 


216 00 00 


$21.00 


$30.00 


216 1006 


♦21.00 


♦ 30.00 


217 00 00 


»91.00 


$130.00 


217 15 10 


♦ 31.50 


♦ 45.00 


217 15 20 


♦ 56.00 


♦ 80.00 


217 15 27 


♦ 31.50 


♦ 45.00 


217 15 29 


♦ 21.00 


♦ 30.00 


218 00 00 


$21.00 


$30.00 


218 1006 


521.00 


♦ 30.00 


219 00 00 


$63.00 


$90.00 


219 1002 


♦ 28.00 


♦ 40.00 


219 10 03 


♦ 35.00 


♦ 50.00 


220 00 00 


$31.50 


$46.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$376.00 


$760.00 


266 00 00 


.. 


$750.00 


266 60 00 


-- 


$260.00 


288 60 00 


$296.00 


$476.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





Coastal Management 

Environmental Health 

RadiationyNuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalyser 

Title 16 - Dept. of Public Instruction - FuH Title 

Elementary & Secondary Education 

Title 1 7 - Dept. of Revenue - FuH Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 18 - Secretary of State - Full Title 

Securities Division 

Title 19A - Dept. of Transportation - Ftil Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of ttie State Treasirer - Fiil Title 

Title 21 - Occupational Licensing Boards - FuH Title 

Title 22 - Administrative Procedwes Act - Repealed 

Title 23 - Dept. of Community Colleges - Full Title 

Title 24 - lndeper>dent Agencies - FuH Title 

Tide 26 - Office of State Personnel ■ FtM Title 

Tide 26 - Office of Admirtistrative Hearings - Fiil Title 

Tide 27 - Nortii Cerolina State Bar - FuN Title 

Nortii Carolina Administrative Code - Flit Code 

(Add ♦85.00 Shipping and HandlingI 

CD-ROM North Carolina Administrative Code 
CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master lr)dex 

Master Table of Contents 

Binder(s| 



METHOD OF PAYMENT: D Check Enclosed 

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